TENTATIVE 

Plaintiff Shengfei Yu (“Plaintiff”) filed this action against Defendant Marco Villalobos (“Defendant”) and Does 1-50 for damages arising from an August 1, 2018 automobile incident. On August 14, 2023, Plaintiff properly dismissed all Doe defendants. Plaintiff obtained Defendant’s default on August 17, 2022. 

Plaintiff now seeks default judgment in the total amount of $34,895.54, which includes $8,750 in special damages, $25,000 in general damages, and $1,145.54 in costs.¿ 

Plaintiff submits sufficient medical bills for treatment obtained in August 2018 evidencing past medical specials in the amount $8,750. However, Plaintiff only generally states he continues to suffer because of the incident without any support to merit general damages of $25,000.¿¿¿ 

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).)¿The scant medical records demonstrate Plaintiff received treatment in August 2018, comprised of electrical stimulation and ultrasound treatment with Dr. Jayson Sher. Aside from receiving therapeutic treatment from August 3, 2018 to August 20, 2018, Plaintiff provides no other records or support that he continues to suffer from pain, and will suffer the rest of his life, as declared.  

Given the absence of any supporting documentation, the Court will reduce Plaintiff’s request for general damages of $25,000 to $13,125.  

The request for default judgment submitted on August 14, 2023 is GRANTED in the principal amount of $21,875 (special and general damages), and $1,145.54 in costs, for the total amount of $23,020.54 against Defendant Marco Villalobos.¿¿¿ 

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