TENTATIVE 

This action arises from an alleged trip and fall on August 2, 2021 in the parking lot of defendant India Sweets & Spices Chai & Cafe, LLC’s (“Defendant”) store. Plaintiff alleges she fell on an unkempt and uneven patch of asphalt.  

As a result of the fall, Plaintiff declares she sustained a left wrist and right elbow fractures. Plaintiff declares she continues to suffer from right arm and right wrist pain, and bilateral knee pain. 

Plaintiff requests $229,806.71 in medical specials, $919,266.84 in general damages, and $1,060.81 in costs. 

Plaintiff avers that her medical specials amount to $229,806.71. In accordance with 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. In other words, an injured plaintiff is limited to recovering the discounted amount health insurance pays on their behalf as past medical damages, not the inflated amount medical providers bill health insurance companies for their services. 

The Court has reviewed the records. Plaintiff’s medical treatment at Glendale Memorial Hospital were contractually adjusted per the contractual relationship between Medicare and this treating provider. After adjustments, Medi-Care and Plaintiff’s secondary insurance Blue Shield paid $22,828.72 for Plaintiff’s care and treatment. Plaintiff also received physical and occupational therapy at Oakpark Healthcare Center in the amount of $7,945.51. 

Therefore, Plaintiff is entitled to only $30,774.23 in medical specials.  

Plaintiff’s particular injury, and the circumstances of admitted liability on default, do not support $919,266.84 in pain, suffering, and emotional damages.  

The Court will reduce the award to $20,000 for general damages. 

Plaintiff requests $742.40 in clerk’s filing fees, $148 for process server’s fees, and $170.41 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 unknown cost.  

Accordingly, Plaintiff is awarded $890.40 in costs. 

IV. CONCLUSION  

Based on the foregoing, the application for default judgment filed on January 23, 2024 is GRANTED in the principal amount of $50,774.23, and $890.40 in costs, against India Sweets & Spices Chai & Cafe, LLC. 

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