TENTATIVE 

On May 18, 2021, Plaintiff Rebekah Solis (“Plaintiff”) filed a complaint against defendants Julian Kim (“Kim”) and Delta SBOC Corporation d/b/a MAPSSE (“Delta”) (collectively, “Defendants”) for sexual battery, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence, and sexual harassment.  

Plaintiff seeks $7,927 in special damages, and $500,000 in general damages, against Defendants jointly and severally. 

The request for default judgment submitted on December 18, 2023 is GRANTED in the following amount for the following reasons: 

Plaintiff contends she suffered special damages in the amount of $1,675 for past medical specials, $252 in loss of earnings, and expects to require future medical care of chiropractic/physical therapy/acupuncture for $6,000.  

However, the Statement of Damages served on Defendants provides that the past medical specials and future medical specials are “Unknown.” Further, “loss of earnings” is left blank. The purpose of the statement of damages is to ensure that a defendant who declines to contest an action does not thereby subject himself to open ended liability. (Schwab v. Rondel Homes, Inc. (1991) 53 Cal.3d 428, 435 (quoting Greenup v. Rodman (1986) 42 Cal.3d 822, 826.) Section 425.11 requires special and general damages to be specified, including stating the amount sought to be recovered. (Plotitsa v. Superior Ct. (1983) 140 Cal. App. 3d 755, 761.) Because Plaintiff did not specify any special damages amount in the Statement of Damages, the Court is precluded from granting this request. 

As for general damages, Plaintiff requests $500,000 for pain, suffering, and emotional distress. However, Plaintiff’s evidence does not support general damages in this amount, and the request exceeds the amount awarded to plaintiffs under similar circumstances for compensatory pain and suffering. A defaulting defendant admits only the well pled facts concerning liability, not damages; Plaintiff must still introduce admissible prima facie evidence of damages. (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361.) Thus, on default judgment, the Court will reduce the amount requested to $125,000.  

Based on the evidence provided, the application for default judgment filed on December 18, 2023 is GRANTED in the principal amount of $125,000 against Defendants Kim and Delta, jointly and severally. 

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