TENTATIVE 

Plaintiff Jose Caamal (“Plaintiff”) filed this action against defendants Always Private Security Services Inc. (“APSS”) and Ibiza Nightclub (“Ibiza”) (collectively, “Defendants”) for injuries arising from an incident on February 8, 2019, wherein Plaintiff declares he was at Ibiza when a security guard from APSS dragged Plaintiff out and dropped Plaintiff on his knees upon sharp glass shards on the floor. Plaintiff has properly dismissed all other defendants to the action. 

Plaintiff requests default judgment in the amount of $13,954.08 for special damages, $400,0000 in general damages, $183,951.02 in pre-judgment interest, and $1,899.90 in costs.  

The Court has reviewed the medical specials submitted by Plaintiff. 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. In other words, an injured plaintiff is limited to recovering the discounted amount health insurance pays on their behalf as past medical damages, not the inflated amount medical providers bill health insurance companies for their services. 

Plaintiff was a Medicaid recipient at the time of the incident. Plaintiff’s earlier medical bills were contractually adjusted and are therefore subject to Howell, as opposed to Plaintiff’s later treatments which were provided on a lien basis. Less the contractual adjustments for Plaintiff’s earlier treatment, the amount paid by Medi-Cal, and the amount in lien treatments, the total aggregates to the sum of $7,581.89 in medical specials. Thus, Plaintiff is entitled only to $7,581.89 in medical specials.  

Lastly, Plaintiff’s request for general damages in the amount of $400,000 is in excess of the amount provided in the Statement of Damages. 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 specifies a collective sum of $200,000 in the Statement of Damages for pain, suffering, inconvenience, and emotional distress. Plaintiff declares that his physical injuries have healed, but that he continues to suffer from thoughts of the incident. Plaintiff’s particular injury and the evidence provided do not support an award even at the Statement of Damages cap of $200,000. Therefore, the Court reduces an award of general damages to $15,000. 

As previously explained on December 19, 2023, Plaintiff may not request prejudgment interest in the amount of 10% and premise it upon general damages, which is inherently incapable of precise calculation. Plaintiff’s counsel’s declaration cites Cal. Civ. Code § 3289(b) in support of the calculation of interest at 10%. However, Cal. Civ. Code § 3289 pertains to the legal rate of interest for breach of contract. This is a personal injury action, not a contract claim. Plaintiff has not demonstrated he is entitled to prejudgment interest, especially in the manner in which it was calculated. The Court therefore declines to award any interest.  

Plaintiff requests costs in the amount of $769.90 for clerk’s filing fees, $208 in process server’s fees, and $895 for “Administration & records request.” Filing fees and process server’s fees are allowable costs, and this request is granted. (CCP § 1033.5 (a)(1) and (4).) Costs are also allowable for that which is reasonably necessary and in a reasonable amount. (CCP § 1033.5 (c).) However, Plaintiff has not provided any proof regarding the “Administration & records request”), such as receipts, or what particular records were requested, to support the full amount of $895 as both reasonable and necessary. Thus, the Court strikes this cost, and awards clerk’s filing fees and process server’s fees only. 

Based on the foregoing, the application for default judgment filed on February 2, 2024 is GRANTED in the principal amount of $22,581.89, and $977.90 in costs, against defendants Always Private Security Services Inc. and Ibiza Nightclub, jointly and severally.¿ 

Plaintiff is ordered to give notice.