TENTATIVE 

Plaintiff Augustin Ramos (“Plaintiff”) filed this action against defendants Great Cuts Beauty Salon, Mozafar Babaie (“Babaie”), and Does 1 to 20 for injuries arising from a haircut, wherein Babaie allegedly cut off a portion of the outer portion of Plaintiff’s upper right ear. Plaintiff sets forth a single cause of action for negligence. Plaintiff has dismissed Great Cuts Beauty Salon and Does 1 to 20. 

This is Plaintiff’s second request for default judgment. Plaintiff seeks $45,000 in general damages for pain and suffering against Babaie. Plaintiff has waived all costs.  

The Court previously denied Plaintiff’s request because Plaintiff failed to provide any evidence that he suffered general damages. On this request for default judgment, Plaintiff now submits three photographs of his ear in support of pain and suffering. However, the photographs demonstrate a superficial and barely visible injury. Plaintiff provides no other support of lingering pain and suffering as a result of the damage to his external ear. Therefore, due to the lack of support after Plaintiff has already had an opportunity to substantiate his claimed damages, the Court will reduce the amount sought from $45,000 to $250.  

However, Plaintiff filed a proposed order on pleading paper instead of on form JUD-100. Therefore, the default judgment is conditionally granted upon Plaintiff filing a proper proposed order.  

Based on the foregoing, Plaintiff’s application for default judgment filed on July 26, 2022 is CONDITIONALLY GRANTED in the principal amount of $250 against Mozafar Babaie. Plaintiff is ordered to file a proposed order using JUD-100 [Rev. January 1, 2024] within ten (10) days.  

Moving party is ordered to give notice.