TENTATIVE 

Plaintiff Ernest Hill (“Plaintiff”) filed this action against Litco Entertainment Inc. (“Litco”), Tishbee’s LLC, and Does 1 to 50 for damages arising from a glass front door shattering and falling on Plaintiff when Plaintiff attempted to enter Litco’s building on November 6, 2020. Plaintiff sets forth two causes of action against all defendants for general negligence and premises liability.  

Plaintiff has seeks court default judgment against Litco. Plaintiff has properly dismissed all other defendants in the action.  

Plaintiff avers his medical specials amount to $15,553.41. However, pursuant to 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. The medical bills submitted evince that a significant portion of Plaintiff’s care and treatment from Mission Community Hospital were contractually adjusted. Therefore, combined with the subsequent lien treatments, Plaintiff has demonstrated he is entitled to past medical specials in the amount of $8,722.20 for treatment actually paid/owed.  

Plaintiff also appears to seek future medical expenses estimated at $15,000. However, Plaintiff fails to specify what particular future medical treatment is necessitated by the lacerations from the shattered glass and his leg/ankle sprains arising from the incident. Plaintiff has not provided any specific future treatment nor a basis for the estimated amount. Therefore, the Court declines to award this conjectural and speculative request for future expenses.  

Lastly, in terms of general damages, Plaintiff declares that he is still suffering as a result of his injuries. Plaintiff has not sufficiently provided any detail or evidence justifying the request for $350,000 in pain and suffering. The Court therefore reduces the amount of general damages to $15,000. 

Based on the foregoing, the application for default judgment filed on March 4, 2024 is GRANTED in the principal amount of $23,722.20, and $1,357.15 in costs, against Litco Entertainment Inc.  

Plaintiff is ordered to give notice.