Judge: Michelle C. Kim, Case: 20STCV49024, Date: 2023-09-20 Tentative Ruling


Case Number: 20STCV49024    Hearing Date: March 1, 2024    Dept: 31

DEPT:  

 

31 

OSC DATE: 

 

03/01/2024 

CASE NAME/NUMBER: 

 

20STCV49024 HENG ZHAO vs GILIBERTO ZUNIGANORBERTO, et al. 

REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]: 

 

  1. GILIBERTO ZUNIGANORBERTO,  

  1. JORGE LUIS RESENDIZAGUILAR  

 

RECOMMENDATION: 

 

GRANT in the following amounts: 

 

Principal damages: $200,000.00 

Costs: $557.61 

 

TOTAL: $200,557.61 

 

 

TENTATIVE 

 

Plaintiff Heng Zhao (“Plaintiff”) filed this action against Gilberto Zuniganorberto (“Gilberto”), Jorge Luis Resendizaguilar (“Jorge”), and Does 1 through 100 for damages arising from an automobile incident. Plaintiff alleges Gilberto was operating a 2005 Jeep that was owned/leased by Jorge, when Gilberto collided with Plaintiff’s motorcycle on November 29, 2020. Plaintiff has dismissed all unnamed Doe Defendants.  

 

Plaintiff now seeks default judgment against Gilberto in the principal amount of $4,985,000 in general damages only for pain and suffering. Plaintiff seeks default judgment against Jorge in the principal amount of $15,000 pursuant to the statutory limitation of Vehicle Code §17151(a). Plaintiff further seeks $557.61 in costs for filing fees, process server’s fees, e-filing fee, and postage against defendants, jointly and severally. 

 

Plaintiff declares he sustained injury to his upper and lower extremities, including nerve damage and permanent scarring. As a result of the incident, Plaintiff suffered a left subtrochanteric femur fracture, which required surgery and a month long stay at the hospital. Plaintiff declares he has permanent disfiguration of his arm and lower knee.  

 

Here, Plaintiff submits a medical record from the date of the incident, and an operation report of his arm approximately three and a half months after the incident only. Although Plaintiff now provides some support for general damages, it is not sufficient to award the full extent of $4,985,000 requested against Gilberto. Due to the limited support provided, the Court reduces the non-economic damage request to $200,000.  

 

The application for default judgment filed on January 25, 2024 is GRANTED in the principal amount of $200,000, and $557.61 in costs, against defendants, apportioned as follows: 

 

  1. $15,000 in principal damages, and $278.80 in costs, against Jorge Luis Resendizaguilar pursuant to the statutory limit of Vehicle Code §17151(a); and  

 

  1. The remainder of $185,000 in principal damages, and $278.80 in costs, against Gilberto Zuniganorberto. 

 

 

Plaintiff is ordered to give notice.