TENTATIVE 

Plaintiff seeks $17,565 in special damages, $20,000 in general damages, and $555 in costs for a total of $38,120 against Defendants Noreen Almas and Bibi Fuel, Inc. 

The request for default judgment submitted on August 9, 2023 is GRANTED in for the following reasons: 

Plaintiff submits sufficient medical bills in support of Plaintiff’s past medical treatment costs, and medical records from 2018 to 2022 in support of her claim for pain and suffering. Plaintiff also seeks costs in the amount of $555 for clerk filing fees and process server’s fees, which are allowable under CCP §1033.5.  

However, there are no records substantiating Plaintiff’s claim for lost wages in the amount of $975, such as records demonstrating Plaintiff worked at the Salvation Army, and records evidencing Plaintiff’s earnings and missed time at work. Furthermore, there is no evidence of loss of future earning capacity in the amount of $10,000. Plaintiff does not provide any evidence or calculation of the reasonable value of her lost earning capacity.  

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).)¿ 

Given the absence of certain supporting documentation, the Court will reduce Plaintiff’s request for special damages from $17,565 to $6,590.   

The request for default judgment submitted on August 9, 2023 is GRANTED in the principal amount of $26,590 (special and general damages), and $555 in costs, for the total amount of $27,145 against Defendants Noreen Almas and Bibi Fuel, Inc., jointly and severally. ¿¿¿¿ 

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