TENTATIVE 

Plaintiffs Syiyona Ricks (“Ricks”), a minor by and through her guardian ad litem Shanteal Evans, and Zaniya Walker (“Walker”) (collectively, “Plaintiffs”) filed this action against defendants Amaya Muhammed AKA Amayah Muhammed (“Muhammed”), Kayla Traniya Bull, and Does 1 to 25 for injuries arising from a motor vehicle accident on January 21, 2019. Plaintiffs dismissed Kayla Traniya Bull and Does 1 to 25. 

Walker obtained entry of default against Muhammed on September 1, 2022. Ricks obtained entry of default against Muhammed on January 3, 2023. On March 12, 2024, both Plaintiffs filed an individual request for court default judgment against Muhammed, each seeking the same amount of $100,000 in special damages, $100,000 in general damages, and $217.50 in costs for clerk’s filing fees. According to Plaintiffs’ declaration, $217.50 represents half of the filing fees incurred, split between the two.  

Ricks declares that she incurred $6,947 in past medical specials, and she seeks $35,000 for bodily injury pain and suffering. Ricks avers she suffered from neck pain, mid back pain, low back pain, and headaches. Ricks provides sufficient support evincing the amount in medical specials incurred. The amount requested for special damages is granted. 

Contrary to the amount provided in CIV-100, Ricks does not seek $100,000 in general damages, but instead $35,000 for pain and suffering. Based on the documentation provided, Ricks is entitled to a measure of general damages, but not to the extent requested. Therefore, the Court will reduce the amount to $20,000. 

Walker declares she incurred $6,507 in past medical specials, and she seeks $35,000 in general damages. Walker declares that she suffered from neck pain, low back pain, and headaches as a result of the incident. However, pursuant to Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal. 4th 541, a plaintiff's recovery for past medical expenses will be limited to the amounts actually paid or owed or the reasonable value of the care provided, whichever is less. The medical records provided evidence that a portion of Plaintiff’s medical treatment at Golden State Emergency was contractually adjusted. The $623 charged by Golden State Emergency was contractually adjusted by $554.65, and Medi-Cal paid $68.35. Therefore, the amount in medical specials requested shall be reduced by $554.65. Plaintiff is therefore entitled to the aggregate amount of $5,952.32 in medical specials.  

Walker also seeks $35,000 for pain and suffering. The Court finds that the full amount requested is not justified. Thus, the Court will reduce the amount to $20,000. 

Plaintiffs provide that the costs requested by each in their individual requests for court default judgment have been split in the amount of $217.50 per person. The costs requested for clerk’s filing fees are allowable, and therefore granted. (CCP section 1033.5 (a)(1).)  

Based on the foregoing, (1) plaintiff Syiyona Ricks’ application for default judgment filed on March 12, 2024 is GRANTED in the principal amount of $26,947, and $217.50 in costs against Amaya Muhammed AKA Amayah Muhammed; and (2) plaintiff Zaniya Walker’s application for default judgment filed on March 12, 2024 is GRANTED in the principal amount of $25,952.32 against Amaya Muhammed AKA Amayah Muhammed. 

Plaintiffs are ordered to give notice.