TENTATIVE 

Plaintiff Ibrahima Thiam (“Plaintiff”) filed this action against Defendants 6506 Hollywood 

Associates, LLC (“Hollywood Associates”), Playhouse Hollywood (“Playhouse), and Does 1 to 50 for injuries relating to an alleged assault of Plaintiff by Defendants’ employees. On August 19, 2022, Plaintiff dismissed all parties and all Doe defendants aside from Hollywood Associates and Playhouse (collectively, “Defendants”).  

On May 20, 2019, Plaintiff obtained Hollywood Associates’ and Playhouse’s defaults. Plaintiff now seeks entry of default judgment against Hollywood Associates and Playhouse (collectively, “Defendants”). 

The request for default judgment submitted on October 20, 2023 is GRANTED, in the amount below, for the following reasons: 

The Statement of Damages served on Playhouse and Hollywood Associates provides for general damages of $350,000, and special damages of medical expenses in the amount of $7,594.93. (Schiller Decl.; Exh. B.) Under special damages, future medical expenses, loss of earnings, and loss of future earning capacity are unspecified, and Plaintiff provides only that it is “TBD at Trial.”  

However, Plaintiff on request for default judgment seeks judgment in the amount of $1,507,593.93 for special damages, and general damages of $350,000.  

The amount sought in special damages is in gross excess of the cap set forth by the Statement of Damages. Aside from the $7,594.93 in past medical expenses, the request for $500,000 in future medical expenses and $1 million in loss of earnings is problematic for two reasons. First, there is no evidence that Plaintiff will undergo any future medical treatment, nor is any future medical treatment specified by Plaintiff, and there is zero evidence of any loss of earnings. Second, and more importantly, these damages are not reasonably contemplated by the Statement of Damages. A “TBD at Trial” without any specific estimate of the amount is insufficient notice to Defendants to award such damages. This is a default personal injury case wherein there is no trial, and a default is necessarily capped by the amount specifically pled in the Statement of Damages. Statutes setting forth requirements for a judgment following a default require not mere notice, but specific notice of the amount requested. (Sass v. Cohen (2020) 10 Cal. 5th 861, 889; See also Stark v. Stark (9th Cir. 2011) 414 F. App'x 981, 982 [Because the default judgment awarded the Creditors more than the amount requested in the complaint—which did not specify any amount of damages—the judgment is void under section 580 of the California Code of Civil Procedure.].) 

The purpose of the statement of damages is to ensure that a defendant who declines to contest an action does not thereby subject himself to open ended liability. (Schwab v. Rondel Homes, Inc. (1991) 53 Cal.3d 428, 435 (quoting Greenup v. Rodman (1986) 42 Cal.3d 822, 826.) It is imperative in a default case that the trial court take the time to analyze the complaint at issue and ensure that the judgment sought is not in excess of or inconsistent with it; it is not in plaintiffs' interest to be conservative in their demands, and without any opposing party to point out the excesses, it is the duty of the court to act as gatekeeper, ensuring that only the appropriate claims get through. (Elec. Funds Sols., LLC v. Murphy (2005) 134 Cal. App. 4th 1161, 1179.) 

However, Plaintiff provides sufficient medical bills to award the maximum amount of $7,594.93 demanded in the Statement of Damages for medical expenses. In terms of general damages, there are insufficient records to award the capped amount of $350,000. 

Lastly, as previously noted in Plaintiff’s prior request for default judgment, Plaintiff must submit records substantiating the $500 in investigation/service fees for the Court to award the amount as costs. Plaintiff again fails to do so. No costs are awarded.  

Based on the foregoing, the application for default judgment filed on October 20, is GRANTED in the amount of $7,594.93 for special damages and $25,000 for general damages, in the total principal amount of $32,594.93 jointly and severally against Defendants 6506 Hollywood Associates, LLC and Playhouse Hollywood.  

Plaintiff is ordered to give notice of this ruling.¿