Judge: Serena R. Murillo, Case: BC706058, Date: 2022-08-30 Tentative Ruling

Case Number: BC706058    Hearing Date: August 30, 2022    Dept: 29

Franki Rose Lopez v. Ramon Vazquez Perrusquia, et al.Request for Court Judgment against Defendants Ramon Vazquez Perrusquia and Celia Gomez

________________________________________________________________________________________________________

 

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

(1)   To the extent Plaintiff seeks default judgment against both Defendants jointly and severally, one CIV-100 form can be filed as to both Defendants. However, counsel should submit a separate judgment for each defendant with the following language set forth in paragraph 7: "Any credit on one judgment shall apply to all judgments in this case.”

(2)  Damages have not been proved. To the extent that Plaintiff’s special damages are only $355, general damages are excessive. The Court is inclined to grant general damages in an amount that is at most three times special damages. Further, there is nothing in Plaintiff’s declaration to substantiate any general damages as she does not claim any emotional damages or pain and suffering. Plaintiff must re-file the declaration and explain the grounds for general damages.