Judge: Michelle C. Kim, Case: 19STCV17209, Date: 2023-11-09 Tentative Ruling

Case Number: 19STCV17209    Hearing Date: February 23, 2024    Dept: 31

DEPT:  

 

31 

OSC DATE: 

 

02/23/2024 

CASE NAME/NUMBER: 

 

19STCV17209 MARIA GUADALUPE TORRES vs IGOR KUKHARCHUK, ET AL. 

REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]: 

 

  1. Ina Kuhr 

  1. Igor Kukharchuk 

RECOMMENDATION: 

 

GRANT in the following amounts: 

Principal damages: $23,753.20 

Costs: $3,944.46 

TOTAL: $27,697.66 

 

 

TENTATIVE 

 

Plaintiff Maria Guadalupe Torres (“Plaintiff”) filed this action against defendants Igor Kukharchuk, Ina Kuhr, Suzie Cho Ahn, and Does 1 to 50 for damages arising from a dog bite. Plaintiff alleges she was doing landscaping on defendants’ premises when a pit bull, residing on the property, attacked Plaintiff. Plaintiff has dismissed Suzie Cho Ahn and Does 1 to 50. 

 

Plaintiff now seeks default judgment against defendants Igor Kukharchuk and Ina Kuhr (“Defendants”), jointly and severally, in the amount of $8,753.20 for special damages, $100,000 in general damages, and $6,614.46 in costs. 

 

The request for default judgment submitted on January 22, 2024 is GRANTED for the following reasons: 

 

  1. SPECIAL DAMAGES 

 

Plaintiff declares she suffered an infection and received treatment to her left index finger due to the dog bite. Plaintiff received antibiotic treatment, and declares she suffers from post-traumatic stiffness and pain to the left index finger. Plaintiff’s last treatment was hand therapy in February 2018 to alleviate the stiffness of the finger. 

 

Plaintiff provides that $8,753.20 represents her medical specials, which appears to be in accordance with Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal. 4th 541. Plaintiff provides sufficient evidence to substantiate this amount. The amount requested in special damages is granted.  

 

 

  1. GENERAL DAMAGES 

 

 

Plaintiff requests $100,000 for pain, suffering, and loss of enjoyment of life. However, the type of injury and the evidence provided do not support an amount to this degree. Thus, the Court will reduce the amount in line with jury verdicts under similar circumstances, from the request of $100,000 to $15,000.  

 

 

  1. COSTS 

 

Plaintiff seeks $6,614.46 in costs, comprised of $3,109.27 (clerk’s filing fees), process server’s fees ($660.45), $174.74 (medical/billing request), and “Investigation” ($2,670). Pursuant to CCP section 1033.5, investigation expenses are not allowable costs except when expressly authorized by law. Therefore, the Court will tax the “Investigation” fee in the amount of $2,670 from the costs award.  

 

 

  1. CONCLUSION 

 

Based on the foregoing, the application for default judgment filed on January 22, 2024 is GRANTED in the principal amount of $23,753.20, and $3,944.46 in costs, against defendants Igor Kukharchuk and Ina Kuhr, jointly and severally.¿