Judge: Michelle C. Kim, Case: 22STCV29285, Date: 2024-04-23 Tentative Ruling
Case Number: 22STCV29285 Hearing Date: April 23, 2024 Dept: 31
DEPT:
| 31 |
OSC DATE:
| 04/23/2024 |
CASE NAME/NUMBER:
| 22STCV29285 MELISSA ANGEL vs LUIS CORDERO, et al. |
REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]:
| LUIS CORDERO; OLGA RAZON; and JACKELINE CORDERO |
RECOMMENDATION:
| GRANT in the following amounts:
Principal damages: $55,857.43 Costs: $590.00
TOTAL: $56,447.43
|
TENTATIVE
Plaintiff Melissa Angel (“Plaintiff”) filed this action against defendants Luis Cordero, Olga Razon, Jackeline Cordero, and Does 1 to 30 for damages arising from a dog bite. Plaintiff has properly dismissed all unnamed Doe defendants.
Plaintiff declares she was visiting her friend Jackeline Cordero at the home of Jackeline Cordero’s parents, Luis Cordero and Olga Razon, when the family dog bit Plaintiff’s right calf without warning or provocation on September 15, 2020. Plaintiff was given a tetanus shot for the dog bite, and medication for pain and inflammation. Plaintiff continuously returned to the emergency room between September 2020 to October 2020 for complaints of continuing pain to her right calf/leg. On October 22, 2020, Plaintiff sought psychological treatment with Dr. Elazar Thrani, who recommended consulting with a psychiatrist for medication and therapy to assist with anxiety and depression. Plaintiff then underwent physical therapy between November 2, 2020 to January 5, 2021.
Plaintiff therefore seeks $26,024 in special damages, $62,300 in general damages, and $590 in costs for clerk’s filing fees and process server’s fees against Luis Cordero, Olga Razon, and Jackeline Cordero.
In support of her damages, Plaintiff provides her medical records and medical bills. In terms of special damages, the Court notes that Medi-Cal reduced the lien from $667.24 to $500.43. (See 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.].) Therefore, the aggregate total calculated by Plaintiff will be reduced by $166.81. Plaintiff has demonstrated she is entitled to medical specials in the amount of $25,857.43.
In terms of general damages, Plaintiff has demonstrated she is entitled to an amount for pain and suffering, but not to the full extent of $62,300 as requested. The Court therefore reduces the amount to $30,000.
Therefore, the application for default judgment filed on February 14, 2024 is GRANTED in the principal amount of $55,857.43, and $590.00 in costs, against Luis Cordero, Olga Razon, and Jackeline Cordero, jointly and severally.
Plaintiff is ordered to give notice.