TENTATIVE 

Plaintiff Jose Martin Arenas (“Plaintiff”) filed this action against Defendants Jose Montoya dba A Imports & Domestic Auto Wrecking (“Defendant”) for injuries Plaintiff sustained on November 30, 2018 while working for Defendant. The complaint sets forth a cause of action for negligence and willfully un-insured employer. Plaintiff alleges Defendant failed to secure payment of workers’ compensation benefits, which is an exception to the workers’ compensation exclusive remedy rule for injuries occurring within the course and scope of employment. 

Preliminarily, the Court corrects its previous order on September 29, 2023 regarding service of the Statement of Damages. On April 29, 2021, Plaintiff filed proof of service demonstrating the Statement of Damages was served on Defendant via substitute service on March 27, 2021, which is prior to obtaining Defendant’s default on June 23, 2021. Accordingly, the June 23, 2021 entry of default obtained against Defendant is not void and still stands. 

The request for default judgment submitted on November 16, 2023 is GRANTED in the following amounts for the following reasons: 

Plaintiff’s request for default judgment on CIV-100 seeks the principal amount of $370,858.65, comprised of $200,858.65 in special damages and $150,000 in general damages. Additionally, Plaintiff requests $1,042.50 in costs for clerk filing fees and process server’s fees.  

However, Plaintiff’s declaration provides that the “entire amount of damages” incurred as a result of this work-related injury is $20,858.65 in medical bills and lost income. There is no explanation as to where and what the remaining $180,000 in special damages arises from.  

In support of Plaintiff’s past medical specials (Plaintiff’s Decl. Exh. C), Plaintiff substantiates medical specials in the amount of $8,081.65 only for medical services at Kaiser Permanente (p. 110 and p. 111 appear to be duplicate billings for the same services) and at Sohail Shayfer, MD, Inc. 

Plaintiff declares while working for Defendant, that he made $2,000 a month ($100 a day for 5 days a week), and that he was unable to work for six months, resulting in approximately $12,000 in lost wages. However, Plaintiff does not substantiate this claim of loss of earnings with any evidence. 

Further, in support of general damages, Plaintiff provides the May 12, 2020 report of Allen S. Fonseca, M.D., in which Dr. Fonseca recommended future medical care of additional radiographs, anti-inflammatory medications, and access to injections. However, Plaintiff does not provide whether or not he actually sought additional treatment thereafter, nor provides the estimated costs of any future medical care. As previously stated, Plaintiff must provide competent evidence in support of his request for damages. 

Therefore, based on the limited declaration and limited records failing to substantiate the bulk of Plaintiff’s request, the Court will reduce the amount accordingly.  

The request for default judgment submitted on November 16, 2023 is GRANTED in the principal amount of $32,081.65 (special and general damages), and $1,042.50 in costs, for the total amount of $33,124.15 against Defendant Jose Montoya dba A Imports & Domestic Auto Wrecking.¿¿¿ 

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