TENTATIVE 

Plaintiff Mirna Garcia Ang (“Plaintiff”) filed this action against Sopot Trans Inc. (named as Doe 1 and Doe 51) for damages arising from a motor vehicle incident on January 7, 2019. Plaintiff has properly dismissed all other defendants to the action except for Sopot Trans Inc. (“Defendant”). 

On this request for default judgment filed on November 22, 2023, Plaintiff seeks $100,000 in general damages, $23,071 in special damages, and $572 in costs for clerk’s filing fees and process server’s fees.  

The request for default judgment submitted on November 22, 2023 is GRANTED in the following amounts for the following reasons: 

As part of her special damages, Plaintiff declares she incurred $8,071 in past medical specials. However, Plaintiff does not properly explain the remaining $15,000 is for in terms of future medical expenses. Furthermore, the request for $15,000 in future medical expenses is beyond the $10,000 cap indicated on the Statement of Damages served on Defendant. 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.) 

Plaintiff submits the declaration of her treating provider Marilyn Zwass, M.D. (“Dr. Zwass”) from Valley Care Center. However, Dr. Zwass’ conclusory declaration does not properly explain any estimated costs for future home-exercise programs or what “conservative treatment as needed” would entail. The Court notes that Plaintiff last saw Dr. Zwass in 2019, and there is no indication in Plaintiff’s declaration or any documents demonstrating that Plaintiff received any further care or treatment, per any recommendation, since the year of the incident in 2019. The Court will not grant any unspecific or speculative requests, and therefore will only consider the supported $8,071 in special damages.  

Based on the records provided, the Court will reduce the request for general and special damages accordingly. 

Based on the foregoing, the application for default judgment filed on November 22, 2023, is GRANTED in the principal amount of $32,071 (comprised of $8,071 in special damages, and $24,000 in general damages) and $572 in costs against Defendant Sopot Trans Inc. (Doe 1/Doe 51.) 

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