TENTATIVE 

Plaintiffs Jay Tsao (“Tsao”) and Aina Yen (“Yen”) (collectively, “Plaintiffs”) filed this action against Defendants Hien Duc Vo (“Vo”), Kimthu Thi Tran (“Tran”) (collectively “Defendants”), and Does 1 to 50 for damages relating to the wrongful death of Decedent Aaron Jia Shyang Tsao (“Decedent”). Plaintiffs, who are Decedent’s surviving parents, allege that Vo negligently caused a collision with Decedent’s motorcycle while Vo was driving a vehicle owned by Tran. Plaintiffs have dismissed Does 1-50. 

Plaintiffs seek a default judgment against Defendants in the total amount of $4,00,000. Plaintiff each seek $2 million against Vo, and $7,500 each against Tran within the statutory cap limiting a vehicle owner’s liability under Vehicle Code Section 17151(a).  

This is Plaintiffs’ third request for default judgment. The request for default judgment submitted on November 8, 2023 is GRANTED in the following amount for the following reasons: 

As previously provided, in terms of general damages in this wrongful death action, each heir must prove the heir's own individual loss to share in the verdict. (San Diego Gas & Elec. Co. v Superior Court (2007) 146 CA 4th 1545, 1551.) The injury is not the general loss of the decedent, but the particular loss of the decedent to each individual claimant. (Ruiz v Podolsky (2010) 50 C4th 838, 844.)  

A plaintiff in a wrongful death action is entitled to recover damages for the plaintiff's own pecuniary loss caused by the decedent's death, which may include: (1) the loss of the decedent's financial support, services, training, and advice; and (2) the pecuniary value of the decedent's society and companionship. A plaintiff may not recover for the grief or sorrow attendant on the decedent's death, for the sentimental value of the loss, or for sorrow for the decedent's pain and suffering. ((Krouse v Graham (1977) 19 C3d 59, 67–78); Fernandez v Jimenez (2019) 40 CA5th 482, 488); (Nelson v County of Los Angeles (2003) 113 CA4th 783, 793).) 

In a wrongful death action, the measure of damages is what the heirs received at the time of the death of decedent and what the heirs would have received had Decedent lived. (Cervantes v. Maco Gas Co. (App. 3 Dist. 1960) 2 Cal.Rptr. 75.) Plaintiffs may not recover for the grief or sorrow attendant on Decedent's death, nor for the sentimental value of the loss, nor for sorrow for the decedent's pain and suffering. (Hillebrand v. Standard Biscuit Co. (1903) 139 Cal. 233.) 

Plaintiffs declare that they had a close relationship with Decedent, and that they suffer from the loss of his comfort and companionship, and his participation in family projects. However, Plaintiffs do not provide any documentation of financial benefits received or expected to receive in the future, or declaration or evidence of the monetary equivalent of loss of Decedent’s society. As provided by the California Supreme Court, noneconomic damages are recognized in wrongful death actions, including damages for loss of society and comfort, so long as the damages were not based merely on grief or sorrow. (Boeken v. Philip Morris USA, Inc. (2010) 48 Cal. 4th 788, 796.) 

This request for default judgment was initially heard on December 15, 2023, but continued to December 22, 2023. Based on the discussion held at the hearing on December 15, 2023, and the limited support provided by Plaintiffs, the Court will reduce the amount requested to $200,000 in general damages. 

Accordingly, the application for default judgment filed on November 8, 2023 is GRANTED in the following amounts:¿ 

(1) $15,000 against Defendant Kimthu Thi Tran within the limitations set forth in Vehicle Code Section 17151(a); and¿ 

(2) The remaining $185,000 against Defendant Hien Duc Vo.¿¿ 

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