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
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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.