Judge: Michelle C. Kim, Case: 21STCV13335, Date: 2023-08-09 Tentative Ruling

Case Number: 21STCV13335    Hearing Date: March 21, 2024    Dept: 31

DEPT:  

 

31 

OSC DATE: 

 

03/21/2024 

CASE NAME/NUMBER: 

 

21STCV13335 DENNIS EDWARD BOWMAN vs RONALD GIVENS, ET AL. 

REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]: 

 

RONALD GIVENS 

RECOMMENDATION: 

 

GRANT in the following amounts: 

Principal damages: $52,133.72 

Costs: $1,074.37 

TOTAL: $53,208.09 

 

 

TENTATIVE 

 

Plaintiff filed this action against defendants Dennis Edward Bowman (“Defendant”) and Does 1 to 25 for injuries arising from a motor vehicle collision on May 18, 2019. Plaintiff has properly dismissed all unnamed Doe defendants. 

 

Plaintiff now seeks default judgment against Defendant for $32,133.72 in special damages, $150,000 in general damages, and $1,832.13 in costs.  

 

 

  1. SPECIAL AND GENERAL DAMAGES 

 

Plaintiff submits sufficient medical bills to support the request for $32,133.72 in past medical specials. This amount is granted. 

 

In terms of general damages, Plaintiff declares that as a result of the automobile collision, he has strain in his cervical and lumbar spine, right shoulder strain, anxiety and insomnia. Plaintiff declares that, to date, he experiences back pain and that it has affected his ability to sleep and limited his social and physical activities. Plaintiff’s treatment has been physical therapy, and a lumbar epidural injection. Plaintiff supports general damages, but not to the extent of the $150,000 for the type of injury, and based upon the records provided. Accordingly, the Court reduces the general damages to $20,000. 

 

 

  1. COSTS 

 

Plaintiff requests $464.37 in clerk’s filing fees, $610 for process server’s fees, and $757.57 in “Other”.   

 

The filing fees and process server’s fees are allowable costs, and thereby granted. (CCP §1033.) However, Plaintiff did not specify what these “Other” costs are. The Court will not grant unknown costs, and will therefore tax this amount.   

 

Accordingly, Plaintiff is awarded $1,074.37 in costs. 

 

  1.  CONCLUSION 

 

Based on the foregoing, the application for default judgment filed on February 21, 2024 is GRANTED in the principal amount of $52,133.72, and $1,074.37 in costs, against Dennis Edward Bowman. 

 

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