Judge: Michelle C. Kim, Case: 22STCV33665, Date: 2024-02-13 Tentative Ruling

Case Number: 22STCV33665    Hearing Date: February 13, 2024    Dept: 31

DEPT:  

 

31 

OSC DATE: 

 

02/13/2024 

CASE NAME/NUMBER: 

 

22STCV33665 JUAN DE JESUS ISAGUIRRE vs JOHN DOE, et al. 

REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]: 

 

Issac Albert Sandoval, erroneously sued as John Doe 

RECOMMENDATION: 

 

GRANT in the following amounts: 

Principal damages: $400,000 

Costs: $834.36 

TOTAL: $400,834.36 

 

 

TENTATIVE 

 

Plaintiff Juan De Jesus Isaguirre (“Plaintiff”) filed this action against defendants John Doe and Does 1 through 20 for damages arising from a motor vehicle v. bicycle collision. On February 27, 2023, Plaintiff filed an amendment to complaint, correcting defendant John Doe to Issac Albert Sandoval. Plaintiff has properly dismissed Does 1 to 20.  

 

The request for default judgment submitted on December 21, 2023 is GRANTED for the following reasons: 

 

Plaintiff seeks $381,994 in past medical specials, $2 million in general damages, and $834.36 in costs against defendant Issac Albert Sandoval (“Defendant”).  

 

  1. Special Damages 

 

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.)  

 

Here, the statement of damages served on Defendant does not state any amount for special damages. Instead, Plaintiff provides “TBD” for medical expenses and loss of earnings/future earning capacity. Section 425.11 requires special and general damages to be specified, including stating the amount sought to be recovered. (Plotitsa v. Superior Ct. (1983) 140 Cal. App. 3d 755, 761.) The purpose of the statement of damages is to ensure that a defendant who declines to contest an action does not thereby subject himself to open ended liability. (Schwab v. Rondel Homes, Inc. (1991) 53 Cal.3d 428, 435 (quoting Greenup v. Rodman (1986) 42 Cal.3d 822, 826.) “TBD” is the equivalent of not stating a value at all. Because Plaintiff is necessarily limited by the Statement of Damages on default judgment, the Court is unable to grant Plaintiff any special damages due to the lack of sufficient notice to Defendant. 

 

  1. General Damages 

 

Plaintiff declares that as a result of Defendant’s vehicle colliding with Plaintiff while riding a bicycle, Plaintiff suffered traumatic brain injury and a closed right clavicular fracture. Plaintiff underwent physical therapy, occupational therapy, and speech therapy to treat his compromised inability to communicate and swallow. After discharge from the hospital on December 20, 2021, durable medical equipments were arranged for his daily use at home, in conjunction with 24/7 home care for the next several months. Plaintiff avers he continues to suffer from discomfort, pain, limited range of motion, and life altering cognitive dysfunction of headaches, impaired vision, impaired speech, and inability to walk without a 4-wheel walker. In terms of general damages for pain, suffering, and emotional distress, the records support an award for general damages, but not enough to amount to $2 million on default. The Court will reduce the general damages to $400,000.  

 

  1. Costs 

 

Plaintiff is awarded costs of $834.36 for filing fee, and process server’s fees, and postage. 

 

  1. Conclusion 

 

The application for default judgment filed on December 21, 2023 is GRANTED in the principal amount of $400,000, and $834.36 in costs, against Defendant Issac Albert Sandoval.¿ 

 

Plaintiff is ordered to give notice of this ruling.