TENTATIVE 

Plaintiff Barry Brooks (“Plaintiff”) filed this action against Michael Isaiah Matlock (“Defendant”) for damages arising from battery. Plaintiff alleges he was working as a private security guard at an event when Plaintiff rode his skateboard on the private property. After Plaintiff asked Defendant to not skateboard, Plaintiff approached Defendant from behind, and intentionally swung his wooden and metal skateboard, striking Plaintiff in the face. Plaintiff has properly dismissed all unnamed Doe defendants in the action. 

The request for default judgment submitted on November 22, 2023 is GRANTED in the following amount for the following reasons: 

Plaintiff provides that his past medical specials in the amount of $32,127. However, in accordance with 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. Based on the medical bills provided, the majority of the medical expenses were contractually adjusted by insurance.  

In sum, the medical records demonstrate Plaintiff is entitled to $1,285.66, which represents the amount actually paid by insurance/plaintiff after deducting the contractual adjustments. Plaintiff substantiates his other special damages of $9,200 in past loss of earnings. 

In terms of the punitive damages request of $1, Plaintiff avers Defendant is working full-time, which affords him to pay rent on an apartment.  

As for pain and suffering, Plaintiff declares that as a result of Defendant hitting him with a skateboard, he suffered a broken nose and a fractured eye socket requiring surgery, in addition to a concussion and sprained wrist. However, the limited records provided do not substantiate $35,000 in general damages. Therefore, the Court will reduce the amount accordingly.  

Lastly, Plaintiff seeks cost of $450, and provides a memorandum of costs in support thereof.  

Based on the foregoing, the application for default judgment filed on November 22, 2023 is GRANTED in the principal amount of $15,485.66 (comprised of $10,485.66 in special damages, $5,000 in general damages, and $1 in punitive damages), and $450 in costs against Defendant Michael Isaiah Matlock.¿¿¿ 

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