TENTATIVE 

Plaintiff Angela Luna (“Plaintiff”) filed this action against Defendant West Coast Site Services, Inc. (“Defendant”) for damages arising from a temporary fence placed by Defendant, which fell and knocked Plaintiff to the ground, causing injuries to her hands, elbows, shoulders, and back.  

On January 23, 2024, this application for default judgment was conditionally granted upon Plaintiff dismissing Does 1-25. Plaintiff has now properly dismissed all unnamed Doe defendants. 

On default judgment, Plaintiff seeks $15,000 in special damages, $75,000 in general damages, and $570.42 in costs for clerk’s filing fees, process server’s fees, and e-filing fees. 

Plaintiff avers her medical specials amount to $14,418.55. However, pursuant to Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal. 4th 541, a plaintiff's recovery for past medical expenses will be limited to the amounts actually paid or owed or the reasonable value of the care provided, whichever is less. Plaintiff submits a copy of the cumulative medical bills from Tri-County Medical Group, Inc. in the adjusted amount of $13,802.69. Therefore, Plaintiff has demonstrated she is entitled to past medical specials in the amount actually paid, which is $13,802.69.  

In the Court’s last rejection of Plaintiff’s request for default judgment on September 19, 2023, the Court noted that Plaintiff has not provided any evidence in support of general damages, nor is there any evidence of the anticipation of unspecified future medical costs. The Court will not award speculative or conjectural damages, especially for amounts Plaintiff once more fails to support with any documentation. 

Based on the foregoing, the application for default judgment filed on December 11, 2023 is GRANTED in the principal amount of $13,802.69, and $570.40 in costs, against Defendant West Coast Site Services, Inc. 

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