Judge: Michelle C. Kim, Case: 21STCV36501, Date: 2023-10-02 Tentative Ruling
Case Number: 21STCV36501 Hearing Date: October 2, 2023 Dept: 31
DEPT:
| 31 |
OSC DATE:
| 10/02/2023 |
CASE NAME/NUMBER:
| 21STCV36501 KYE HYUN LEE vs ARIC CHO, et al. |
REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]:
| ARIC CHO |
RECOMMENDATION:
| CONDITIONAL GRANT in the following amounts: Principal damages: $18,292.00 Costs: $780.60 TOTAL: $19,072.60
|
TENTATIVE
Plaintiff Kye Hyun Lee (“Plaintiff”) filed this action against Defendants Aric Cho (“Cho”) and June Han (“Han”), alleging causes of action for negligence (x 2), battery, and assault. On February 7, 2022, Defendant Han was dismissed from this action with a judgment entered in his favor. On December 8, 2022, Plaintiff obtained Cho’s default.
The request for default judgment submitted on July 31, 2023 is CONDITIONALLY GRANTED, in the amount provided below, for the following reasons:
Plaintiff’s counsel did not sign page 2 of CIV-100 pertaining to Items 4-6. The request for default judgment will be granted for the below amounts upon the filing of the properly signed document.
Plaintiff now seeks default judgment in the total amount of $55,487.60, which includes $4,707 in special damages, $50,000 in general damages, and $780.60 in costs.¿
Specials Damages
Plaintiff’s statement of damages provides that medical expenses amount to $4,573. The amount sought cannot exceed the amount pled in the operative complaint/cross-complaint or set forth in the statement of damages. (Code Civ. Proc., § 580(a); Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1018.) Because Plaintiff is capped by the statement of damages, the Court may only grant medical expenses up to the maximum amount of $4,573.
General Damages
Plaintiff seeks general damages in the amount of $50,000, which is over 10x the medical specials.
Plaintiff declares that as a result of the assault and battery, he suffered a retinal injury to the left eye, requiring surgery to repair a detached retina. Additionally, Plaintiff declares he suffered from left shoulder and arm pain. Plaintiff avers he has a permanent eye injury and is unable to see clearly as a result of the incident, and that he suffers from trauma and depression. However, no evidence was provided to substantiate Plaintiff’s claim of permanent injury to his left eye. All the medical records provided are from the year 2021, the year of the injury. Most of the records pertain to orthopedic visits for Plaintiff’s pain to the shoulder. The medical records evidence that radiological scans found no fractures or bony abnormalities, and that a muscle source for the pain was most likely. Further, there is no evidence of trauma and depression, or any evidence that Plaintiff had to install surveillance security cameras, reinforce his doors, and upgrade his locks and alarm systems, or that he will likely be forced to move to a different location.
Courts may not award speculative damages, which means compensation for future loss or harm which, although possible, is conjectural or not reasonably certain. (Scognamillo v. Herrick (2003) 106 Cal.App.4th 1139, 1151 (disapproved of by Lewis v. Ukran (2019) 36 Cal.App.5th 886 on other grounds) (citing Bellman v. San Francisco H.S. Dist. (1938) 11 Cal.2d 576, 588).)
Given the absence of supporting documentation for the amount sought, the Court will reduce Plaintiff’s request for general damages of $50,000 to $13,719.
Plaintiff further seeks costs of $780.60, comprised of filing fees and a fee to obtain the police report, which are allowable under CCP §1033.5.
The request for default judgment submitted on July 31, 2023 is CONDITIONALLY GRANTED in the principal amount of $18,292 (special and general damages), and $780.60 in costs, for the total amount of $19,072.60 against Defendant Aric Cho, which will be effective upon filing the properly signed document.¿¿¿
Plaintiff is ordered to give notice of this ruling.¿¿