Judge: Serena R. Murillo, Case: 21STCV38265, Date: 2022-10-17 Tentative Ruling
Case Number: 21STCV38265 Hearing Date: October 17, 2022 Dept: 29
Request for Court Judgment
against Defendants V.S. Tires and Auto Repair and Victor Sanchez
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Tentative: The Court has
reviewed the request for default judgment, and is CONTINUING the matter to
allow counsel to resubmit a default packet to correct the following issues:
(1) Paragraph
7 of proposed judgment for each defendant should state: "Any credit on one
judgment shall apply to all judgments in this case."
(2)
General
damages are excessive in light of the amount in special damages. The Court is
only inclined to award general damages in an amount that is at most three to
five times special damages. Further, Plaintiff’s declaration does not describe
any pain or suffering or other damages she has endured and is not sufficient to
prove any general damages.
(3)
Special damages have not been proved.
Plaintiff’s declaration and supporting evidence does not support the amount of
special damages sought. There is no
evidence that any future medical expenses are required, such as a doctor’s
note.