Judge: Serena R. Murillo, Case: 21STCV32534, Date: 2023-01-17 Tentative Ruling

Case Number: 21STCV32534    Hearing Date: January 17, 2023    Dept: 29

CASE NUMBER: 21STCV32534

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Request for Court Judgment against Defendants Kaiser Foundation Health Plan, Inc. and Sehgal Ashish, M.D.

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Tentative: The request for default judgment is CONTINUED to allow Plaintiff to correct the following defects:

(1)  Plaintiff has not provided authenticated foundation for his exhibits to support his request for special damages.

(2)  The evidence does not support the amount Plaintiff seeks in default judgment. Plaintiff must file a new default packet, and his offer of proof for the special damages must be consistent with the amount he requests in the request for court judgment on form CIV-100.

(3)  To the extent Plaintiff claims his special damages are now $135,000, general damages are excessive. The Court is only inclined to award general damages in an amount that is at most three times general damages.

Facts:  Plaintiff alleges he went to see Dr. Ashish at Kaiser and was given Lorazepam for high blood pressure. Then, while Plaintiff was under this medication, he alleges that, without consent, Dr. Ashish inserted his finger into Plaintiff’s anus under the pretense to check his stool, which is evidenced by the doctor’s note that his stool was negative in his medical record. Plaintiff alleges that after this incident, he was unable to have sexual relations with his wife, who then left him. Further, Plaintiff alleges he was unable to work as a result of this incident and he is now basically homeless.

Analysis:

Damages not proved. Declarations of Plaintiff and supporting evidence is not sufficient to prove the amount of damages sought.

Costs