TENTATIVE 

Plaintiff seeks default judgment against Defendants Yu Cao (“Cao”), Sino-US Holding, Inc. (“Sino-Us”) and Yale Car & Van Rental Corporation (Doe 1) (“Yale Car”) (collectively, “Defendants”).  

Previously, on July 11, 2023, the Court denied Plaintiff’s request for default judgment and noted the following deficiencies:   

Plaintiff must show that Yale Car was served with the Statement of Damages pertinent to Yale Car prior to obtaining default on April 7, 2023.  

Plaintiff must dismiss all parties against whom judgment is not sought, which were Does 2-50. (CRC 3.1800(a)(7).) Plaintiff must also file copy of the Statement of Damages served upon Yu Cao (“Cao”), Sino-Us Holding, Inc. (“Sino-Us”), and Yale Car.  

As of Plaintiff’s request for default judgment submitted on August 4, 2023, Plaintiff has cured the above noted defects. Plaintiff dismissed Does 2-50 on August 4, 2023, and filed copies of the Statement of Damages served upon Cao, Sino-Us, and Yale Car. 

The request for default judgment submitted on August 4, 2023 is GRANTED for the following reasons: 

Plaintiff seeks general damages in the amount of $300,000, special damages in the amount of $64,122.60, and costs in the amount of $7,267.88 for a total of $371,390.48 against Defendants. 

This matter arises from an automobile incident on January 1, 2018. On the day of the incident, Plaintiff presented to Valley Presbyterian Hospital Emergency Room, and was prescribed ibuprofen for complaints of neck, back, and right elbow pain as the result of the incident, and received chiropractic treatment from January 11, 2018 to May 23, 2018. Plaintiff also received treatment for lower back pain up until November 28, 2018. Plaintiff declares that as a result of the incident, she is unable to workout and run like she used to, and has difficulties with every day household chores. Confusingly, Plaintiff declares she is entitled to damages for pain, suffering, loss of enjoyment of life and general non-economic damages in the amount of $175,000, but also totals the general damages to $300,000. 

Plaintiff submits sufficient evidence of past medical specials in the amount of $64,122.60 and costs of $7,267.88 allowable under CCP section 1033.5. However, in regard to the request for $300,000 in general damages, Cal. Civil Code section 3283 provides that damages may be awarded in a judicial proceeding for detriment resulting after the commencement thereof, or certain to result in the future. Courts may not award speculative damages, which means compensation for future loss or harm which, although possible, is conjectural or not reasonably certain. (Scognamillo v. Herrick (2003) 106 Cal.App.4th 1139, 1151 (disapproved of by Lewis v. Ukran (2019) 36 Cal.App.5th 886 on other grounds) (citing Bellman v. San Francisco H.S. Dist. (1938) 11 Cal.2d 576, 588).)  

As of November 28, 2018, it does not appear that Plaintiff has sought any further treatment. 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. However, no supporting evidence were provided outside of the 2018 medical records. Accordingly, due to the limited records and lack of substantiating documentation, the Court will reduce the request to $175,000. 

The application for default judgment filed on August 4, 2023 is GRANTED in the total amount of $64,122.60 for special damages, $175,000 for general damages, and $7,267.88 for costs in the total amount of $246,390.48 against Yu Cao, Sino-US Holding, Inc., and Yale Car & Van Rental Corporation, jointly and severally.¿¿ 

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