TENTATIVE 

Plaintiff Suzette Gonzalez (“Plaintiff”) filed this action against defendants Gustavo Gomez Garcia (“Garcia”), New Ride Taxi, and Does 1 to 20 for damages arising from a motor vehicle v. pedestrian collision on June 2, 2017. Plaintiff has properly dismissed all unnamed Doe defendants.  

Plaintiff seeks default judgment against Garcia and New Ride Taxi (collectively, “Defendants”) for general damages in the amount of $1 million, jointly and severally, and costs of $973.04. 

Plaintiff’s declaration provides that she seeks $500,000 for pain and suffering, and $500,000 for emotional distress against Defendants. First, for both defendants to be jointly and severally liable for a total of $1 million is in excess of the Statement of Damages served upon each Defendant. The Statement of Damages provides Plaintiff seeks $250,000 for pain and suffering, and $250,000 for emotional distress. The amount sought cannot exceed the amount pled in the operative complaint/cross-complaint or set forth in the statement of damages. (Code Civ. Proc., § 580(a); Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1018.) Therefore, Plaintiff’s general damages against Defendants are capped at $500,000.  

Plaintiff declares she suffered a right tibular fracture, brain concussion, and cervical and lumbar spine sprain. Plaintiff was treated for her injury to her right leg and right ankle, and received treatment in a number of trigger point injections. As a result of the incident, Plaintiff continues to receive regular treatment. Plaintiff avers that she saw her neurologist on October 17, 2023, who recommended cervical surgery, and that she has since started acupuncture treatment. All of Plaintiff’s medical treatment and care has been paid for by workers’ compensation, and thus Plaintiff seeks general damages only.  

Based on the evidence provided, Plaintiff grants $275,000 in general damages. 

Plaintiff seeks costs in the amount of $435 for clerk’s filing fees, $188 for process server’s fees, and $360.04 for “Other”.  

The request for filing and process server’s fees is granted. (CCP § 1033.5(a)(1) and (4).) 

However, Plaintiff did not specify what this “Other” cost is. The Court will not award ambiguous requests, and therefore strikes this portion from the cost award.  

Based on the foregoing, the application for default judgment filed on February 5, 2024 is GRANTED in the principal amount of $275,000, and $623 in costs, against defendants Gustavo Gomez Garcia and New Ride Taxi, jointly and severally.    

Plaintiff is ordered to give notice.