TENTATIVE 

The request for default judgment submitted on October 23, 2023 is GRANTED in the following amount for the reasons below: 

Plaintiff requests default judgment against Alexis Jesus Romero in the total amount of $117,643.50, comprised of $7,140 for past medical specials, $10,000 for future medical expenses, and $100,000 in general damages for pain, suffering, mental anguish, residual complaints, and emotional distress. (Azizi Decl. ¶ 8.) Additionally, Plaintiff seeks $503.50 for reimbursement of clerk’s filing fees and process server’s fees, as costs.  

This action arises out of a motor vehicle incident on March 6, 2020. In support of the damages claimed, Plaintiff submits medical records from March 2020 to March 2021.  

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. A portion of Plaintiff’s medical bills with Newport Orthopedic Institute were adjusted and paid for by insurance. In sum, Plaintiff submits records evidencing $5,267.44 in past medical specials. 

Plaintiff declares that as a result of the March 6, 2020 accident, she sustained orthopedic injuries to her lumbar spine and cervical spine, including lumbar spine herniations. 

However, on December 18, 2019, just three months prior to the incident, Plaintiff underwent a lumbar microdiscectomy for a large extruded disc herniation due to a reported incident in May 2019. Prior to March 6, 2020, Plaintiff received treatment to her lumbar spine and developed cauda equina in her left leg. Plaintiff underwent physical therapy, and was then involved in the motor vehicle accident on March 6, 2020, which is the basis of Plaintiff’s current action. Plaintiff’s disability form and physical therapy notes indicate her diagnosis was related to the pre-accident post lumbar microdiscectomy. Plaintiff reported to her physician that the motor vehicle accident reduced the progress of her recovery post- microdiscectomy to 40-50%, and she denied any cervical pain prior to the accident.  

Facts and circumstances that establish reliable indicia of pain and suffering include evidence such as numerous visits to medical provider(s), a declaration from a treating physician, evidence of problems adjusting to injuries, permanent disfiguration or permanency of injury, disabilities, and so forth. Based on the evidence submitted and the opinion rendered at her last orthopedic visit on March 31, 2021, Plaintiff’s impairment was caused by/aggravated by the March 6, 2020 motor vehicle collision. The last medical record provides a recommendation for physical therapy for her cervical and lumbar spine. However, Plaintiff’s declaration, dated July 6, 2023, does not indicate whether she continued with the recommended treatment thereafter, nor does Plaintiff provide any current statements or records regarding her claim for pain and suffering related to the incident.  

Accordingly, Plaintiff provides sufficient medical records to award $5,267.44 in special damages for past medical expenses, and based upon the limited records provided, the Court will reduce the request for general damages to $20,000.  

The application for default judgment filed on October 23, 2023 is GRANTED in the amount of $5,267.44 for special damages and $20,000 for general damages in the total principal amount of $25,267.44 against Defendant Alexis Jesus Romero.¿¿¿ 

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