Judge: Michael P. Linfield, Case: 22STCV34578, Date: 2023-04-19 Tentative Ruling

Case Number: 22STCV34578    Hearing Date: April 19, 2023    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.           BACKGROUND

On October 28, 2022, Plaintiff Desiree Chesnutt filed her Complaint against Defendants Ice Storm Marketing, Inc., Xavier Mitchell, and Dana Belle on causes of action arising from Plaintiff’s employment with Defendants.

On March 15, 2023, by request of Plaintiff, the Clerk’s Office entered default on Defendants Ice Storm Marketing, Inc., Xavier Mitchell, and Dana Belle.

On March 22, 2023, by request of Plaintiff, the Clerk’s Office dismissed without prejudice the Doe Defendants from the Complaint.

On March 23, 2023, Plaintiff filed: (1) CIV-100, Request for Court Judgment (three individual forms, one for each Defendant); (2) CIV-050, Statement of Damages; (3) MC-010, Memorandum of Costs; (4) Declaration of Desiree Chesnutt; (5) Declaration of N. Cory Barari; (6) Summary of Case; (7) Proposed Judgment; and (8) Proof of Service.

II.        ANALYSIS

The Requests for Default Judgment are GRANTED in part.

a.          Individual Defendants

For the individual Defendants, default judgment is awarded in the total amount of $78,450.01, which is comprised of $74,851.51 in damages from the Complaint, $1,211.47 in costs, and $2,387.03 in attorney’s fees, as indicated below:

b.          Corporate Defendant

Plaintiff requested $500,000.00 in emotional distress and an additional $250,000.00 in pain and suffering.  (Chesnutt Declaration, ¶ 8.)  There are three problems with this request.  First, pain and suffering is emotional distress; these are not separate distinct categories.  Second, Plaintiff describes her “severe emotional distress and pain and suffering” as including,

“feelings of depression and anxiety; feelings of financial instability and job insecurity; hopelessness; lack of purpose and feelings of being deflated and worthless; confusion; loss of sleep and bad dreams, including insomnia; loss of motivation; loss of confidence; loss of energy; unhappiness; bitterness and anger; embarrassment; stress; loss of concentration; and the stress of having an uncertain future after being abruptly terminated.”  (Chesnutt Declaration, ¶ 8.)

This is not much more than garden variety emotional distress.  Third, there is no medical report that would support such a large amount of damages.  It appears to the Court that Plaintiff believes that the Court is a lottery, where a winning party can hit the “jackpot.”  That is not a correct assumption. 

Plaintiff also requested $100,000.00 in punitive damages.  In assessing punitive damages, the trier of fact must consider the defendant’s financial condition.  (See, e.g., CACI 3940, 3942.) However, Plaintiff has not presented the Court with any evidence as to the corporate defendant’s wealth or assets. 

For the corporate Defendant, default judgment is awarded in the total amount of $204,951.18, which is comprised of $74,851.51 in damages from the Complaint, $100,000.00 in general damages, $20,000.00 in Labor Code penalties, $5,000.00 in punitive damages, $1,211.47 in costs, and $3,888.20 in attorney fees, as indicated below:

The Court finds joint and several liability as to the $74,851.51 in damages from the Complaint, $1,211.47 in costs, and up to $2,387.03 in attorney’s fees. The corporate Defendant shall pay the remainder of the attorney’s fees, the entirety of the general damages, the entirety of the Labor Code penalties, and the entirety of the punitive damages. There shall be no double recovery on the items for which there is joint and several liability.