Judge: Serena R. Murillo, Case: 20STCV33756, Date: 2023-01-12 Tentative Ruling

Case Number: 20STCV33756    Hearing Date: January 12, 2023    Dept: 29

CASE NUMBER: 20STCV33756

________________________________________________________________________________________________________

Request for Court Judgment against Defendants Greenline Bicycles; Huntington Beach, Inc.; Factory Direct Bicycles LLC

________________________________________________________________________________________________________

Tentative: The Court has reviewed the request for default judgment. The matter is CONTINUED to allow Plaintiffs to file a proposed form of judgment consistent with their most recent request for default judgment.

Facts:  Plaintiffs are the purchasers of an e-bike. As alleged, the bike’s brakes malfunctioned, and Plaintiff Moore was thrown from the e-bike and sustained injuries, including: skull fracture, traumatic brain injury, and cervical spine damage among other injuries. She lost consciousness and woke up three days later in the hospital. Although she continues to suffer back and neck pain, the most significant injuries are caused by her TBI. These injuries include continuing dizziness, nausea, tinnitus, vertigo, headaches, vision defects, lost sense of taste and smell, hearing impairments, diminished coordination, diminished sex drive, and fatigue. Moore’s husband Cesar Jimenez alleges a claim for loss of consortium.

Analysis:

Damages proved. Plaintiff’s declaration and supporting evidence is sufficient to prove the amount of damages sought.

Costs