TENTATIVE 

Plaintiff Emilie Ducourneau (erroneously named as Docourneau in the action) (“Plaintiff”) filed this action against Defendants Dwayne Lamont Brown and Social Genius Media Group for damages arising from a dog bite. Plaintiff dismissed Social Genius Media Group and all Doe defendants on April 17, 2023. Dwayne Lamont Brown (“Defendant”) remains as the only defendant in this matter. 

Plaintiff alleges Defendant owned two dogs, which escaped from his home because of Defendant’s failure to repair a hole in his fence. While Plaintiff was walking her own dog, Defendant’s dog attacked Plaintiff’s dog, and Plaintiff was bit by Defendant’s dog while attempting to remove her dog’s head from Defendant’s dog’s mouth. Plaintiff sets forth three causes of action for strict liability under CCP § 3342(a), negligence per se, and negligence.  

On default judgment, Plaintiff seeks $48,720.82 in special damages and $100,000 in general damages. Additionally, Plaintiff seeks $636.37 in costs for clerk’s filing fees, process server’s fees, and e-filing fees.  

The request for default judgment submitted on October 24, 2023 is GRANTED in the following amount for the following reasons: 

Plaintiff’s declaration provides that her past medical specials amount to $18,720.82, comprised of $2,307.22 for vet treatment of her dog, and Plaintiff’s own medical specials amounting to $16,413.60. Plaintiff’s provides sufficient documentation substantiating her request for past medical specials.  

Plaintiff further seeks $30,000 in future medical specials. In support of future medical specials, Plaintiff refers to Dr. Shawn Roofian’s (“Dr. Roofian”) treatment recommendation, in which Dr. Roofian recommended bilateral and lumbar facet joint injections, with each injection costing approximately $10,000 to $15,000. However, notably, this recommendation was over two years ago, on February 18, 2021. Plaintiff does not state in her declaration whether she actually received any injections, or has any plans to in the future, especially considering the length of time that has passed since that recommendation to the present day. Therefore, the request for future medicals remains conjectural and speculative, and the Court will not grant this request.  

Plaintiff avers she has scars on her hands/arm and knees, and that she experiences panic attacks when she hears dog barks. Based on the records provided, the Court does not find Plaintiff has substantiated the request for $100,000 in general damages, and will reduce the amount accordingly. 

Therefore, the request for default judgment submitted on October 24, 2023 is GRANTED in the principal amount of $48,720.82 ($18,720.82 in past medical specials and $30,000 general damages), and $636.37 in costs, for the total amount of $49,357.19 against Defendant Dwayne Lamont Brown.¿¿ 

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