Judge: Serena R. Murillo, Case: 21STCV08224, Date: 2023-02-09 Tentative Ruling

Case Number: 21STCV08224    Hearing Date: February 9, 2023    Dept: 29

CASE NUMBER: 21STCV08224

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Request for Court Judgment against Defendant National Custom Doors, Inc.

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Tentative: CONTINUE to allow Plaintiff to correct the following defects:

(1)  In the proposed judgment, while the total judgment listed is correct, the amount of damages listed under 6(a)(1) (which is the pre-costs figure) should state $40,644, not $41,064.

(2)  Medical bills are not authenticated.

Plaintiff is ordered to file a new proposed judgment and declaration authenticating the medical records only; there is no need to file a new default packet.

Facts:  Defendant Castellon struck Plaintiff with a screwdriver multiple times. Both Plaintiff and Defendant Castellon were employed by Defendant National Custom Doors, and in the course and scope of employment, at the time of the assault. Plaintiff had repeatedly reported Defendant Castellon’s hostile behavior to Defendant National.

Analysis:

Damages not proved. Although declaration of Plaintiff and supporting evidence is sufficient to prove the amount of damages sought, the documents need to be authenticated.

Costs