TENTATIVE 

The request for default judgment submitted on October 24, 2023 is GRANTED in the following amounts for the following reasons: 

This is an action wherein Plaintiff Rose Ramos (“Plaintiff”) alleges Josiah Dawson (“Dawson”) fired three or four gunshots into Plaintiff’s vehicle, hitting Plaintiff on the left side of her chest with a bullet through her abdomen and liver. Sally Sanchez (“Sanchez”) is alleged to be Dawson’s parent and or legal guardian. Plaintiff sets forth two causes of action for battery and for intentional infliction of emotional distress, with damages against Sanchez limited by California Civil Code section 1714.1. 

Plaintiff seeks (1) $42,100 in medical expenses against both Josiah Dawson (“Dawson”) and Sally Sanchez (“Sanchez”) (collectively, “Defendants”), jointly and severally; and (2) $600,691.96 for special damages, general damages and punitive damages against Dawson only; and (3) $829.64 in costs against Dawson only. 

Under section 1714.1, subdivision (c), the liability of a parent or guardian having custody and control of a minor under Civil Code section 1714.1, subdivision (a) or (b), effective July 1, 2023, shall not exceed $52,700 for each tort. Section 1714.1 limits parental liability to only medical expenses incurred by the injured person. Therefore, the amount of damages sought against Dawson and Jackson, jointly and severally for the same amount, for only medical specials in the amount of $42,100 is within the range.  

However, Plaintiff’s declaration provides that her total medical specials is $125,172.99, and also seeks this full amount against Dawson in the CIV-100. Thus, the amount of medical specials sought against Dawson for $125,172.99 is duplicative of the amount sought against Sanchez for $42,100, since the $42,100 in medical specials is a portion of the $125,172.99. To avoid recovery of duplicative charges, the Court will treat the medical specials sought against both Sanchez and Dawson (jointly and severally) as $42,100, and the remaining past medical specials of $83,072.99 to be sought against Dawson only.  

Against Dawson only, Plaintiff further seeks $375,518.97 for pain, suffering, and emotional distress. In addition, Plaintiff seeks punitive damages of $100,000 against Dawson. However, in order to recover punitive damages, Plaintiff must prove up Defendant’s net worth. (Adams v. Murakami (1991) 54 Cal.3d 105, 110-12; see also Cummings Medical Corp v. Occupational Medical Corp. (1992) 10 Cal.App.4th 1291 [some measure of the effect of a punitive damages award in terms of deterrence is required before punitive damages may be awarded in a default judgment].) A court may not award punitive damages in a default judgment setting when the plaintiff fails to present any evidence of a defendant's financial condition, net worth, and ability to pay. (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal. App.3d 381, 384; Lara v. Cadag (1993) 13 Cal.App.4th 1061,1064-65.) As Plaintiff provided no prove-up of Defendant’s net worth, the Court will not award punitive damages on default judgment.  

Plaintiff is ordered to give notice of this ruling.¿¿¿¿