TENTATIVE 

Plaintiff Annalise Fujii (“Plaintiff”) filed this action against defendants Jocelyn Carbajal (“Defendant”) and Does 1 to 10 for damages arising from assault and battery. Plaintiff alleges she was chased in an automobile driven by Defendant, wherein Defendant made racist gestures to Plaintiff and attempted to cause Plaintiff to crash by pulling in front of Plaintiff’s vehicle several times and brake-checking. After Plaintiff got away from Defendant, Defendant located Plaintiff’s parked vehicle, opened the driver’s side door, and punched Plaintiff in the face. Defendant’s two male passengers exited the vehicle, taunted Plaintiff, and kicked Plaintiff’s vehicle while shouting profanities and threats. The complaint sets forth five causes of action for (1) battery, (2) assault, (3) intentional infliction of emotional distress (“IIED”), (4) violation of the Ralph Act (Civil Code §51.7.), and (5) negligence. 

Plaintiff seeks default judgment against Defendant in the amount of $2,467 for special damages, $15,000 in general damages, and $595 in costs. All unnamed Doe defendants have been properly dismissed. 

Plaintiff declares that as a result of the incident, she sought treatment with psychotherapist Alisha Garr for approximately 35 therapy sessions. Plaintiff avers her therapy bills amount to $2,467 and provides the invoices in support thereof. The request for $2,467 in special damages is granted. 

Plaintiff attests that although her treatment sessions helped, her symptoms have not completely resolved. Plaintiff declares she still experiences trouble sleeping, has a fear of strangers, and trepidation while driving. The amount sought is within the statement of damages cap as noticed to Defendant. Plaintiff’s request for $15,000 in general damages is therefore granted.  

Plaintiff seeks $595 in costs for clerk’s filing fees and process server’s fees. The costs are allowable and therefore granted. (CCP § 1033.5(a)(1), (4).)