TENTATIVE 

Plaintiff Carlos Burgos (“Plaintiff”) filed this action against defendants Arthur M. Danielian and Does 1-100 for damages arising from a motor vehicle collision. Plaintiff seeks default judgment against Arthur M. Danielian (“Defendant”), and has properly dismissed all unnamed Doe defendants.  

This is Plaintiff’s first request for court judgment. The request submitted on March 11, 2024 is DENIED for the following reasons: 

Plaintiff represented that a JUD-100 was filed on March 19, 2024. (Min. Order, March 20, 2024.) However, the Court is unable to locate it. The proposed judgment (JUD-100) is required per CRC 3.1800(a)(6). 

Additionally, there must be a declaration by a percipient witness (i.e. Plaintiff). Plaintiff’s counsel was not involved in the incident, nor did counsel personally incur any of the medical specials, to be able to attest to Plaintiff’s damages or to be able to authenticate the medical records and bills. Plaintiff must attest to his own general and special damages, and authenticate his own records. The Court will not award any unsubstantiated damages.  

Lastly, the Court notes that Plaintiff seeks interest in the amount of $72,346.56. Prejudgment interest is generally not awarded for damages arising from personal injury for bodily harm, pain, and suffering in personal injury actions because such are "inherently nonpecuniary, unliquidated and not readily subject to precise calculation." (See Greater Westchester Homeowners Assn. v. Los Angeles (1979) 26 Cal.3d 86, 103.) Plaintiff has not established he is entitled to prejudgment interest in this personal injury action. 

No later than ________, Plaintiff is to submit a new default judgment package correcting these defects. Failure to do so may result in the imposition of sanctions, including monetary sanctions and/or dismissal. The OSC re entry of default judgment is continued to ____.