TENTATIVE 

Plaintiff Andrea J. Kreps (“Plaintiff”) filed this action against Defendants Miguel A. Lopez (“Lopez”), Lucia Aguiluz (“Aguiluz”), Uriel Morales Villanueva, Antonio Villanueva, and Does 1 to 50 for damages arising from a motor vehicle accident. Defendant Aguiluz is the owner of the vehicle involved in the incident. On June 30, 2022, Plaintiff dismissed all defendants except for Lopez and Aguiluz (collectively, “Defendants”). 

Plaintiff seeks a default judgment against Lopez and Aguiluz in the total amount of $268,561.91, which includes $17,185.94 in special damages, $250,000 in general damages, and $1,375.97 in costs. Of this amount, Plaintiff seeks $15,000 against Aguiluz pursuant to the statutory cap of Vehicle Code §17151(a), with the remainder sought against Lopez.  

The Court notes that Plaintiff also contrarily provides she seeks this amount against Defendants “jointly and severally” despite notating the statutory cap on Aguiluz. Because of the cap, Aguiluz is necessarily not jointly liable for the same amount as Lopez, and this issue has been pointed out to Plaintiff before. Thus, this language of “jointly and severally” on CIV-100 and JUD-100 is stricken.  

Plaintiff’s evidence is enough to substantiate at least $17,185.94 in medical specials, which is within the amount capped by Plaintiff’s Statement of Damages. However, Plaintiff provides no evidence of any non-economic future pain and suffering. Facts and circumstances that establish reliable indicia of pain and suffering include evidence such as numerous visits to medical provider(s), a declaration from a treating physician, evidence of problems adjusting to injuries, permanent disfiguration or permanency of injury, disabilities, and so forth. Plaintiff only provides records from 2017, the year of the injury. 

Accordingly, Plaintiff provides sufficient medical records to award $17,185.94 in special damages for past medical expenses, and based upon the limited records failing to substantiate the claim for pain and suffering, the Court will reduce the request for general damages from $250,000 to $40,000 for past pain and suffering.¿¿ 

Plaintiff also seeks costs in the amount of $1,375.97 for filing fees, process server’s fees, legal research, skip trace for service on Defendants, and medical and billing records. The Court grants these costs.  

The application for default judgment filed on October 19, 2023 is therefore GRANTED in the amount of $17,185.94 for special damages and $40,000 for general damages in the total principal amount of $57,185.94, and of $1,375.97 in costs. Of this amount, (1) $15,000 is granted against Aguiluz pursuant to the limitations of Vehicle Code §17151(a); and (2) the remainder of $43,561.91 is granted against Lopez.  

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