Judge: Teresa A. Beaudet, Case: BC687258, Date: 2022-10-05 Tentative Ruling

Case Number: BC687258    Hearing Date: October 5, 2022    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Raven Starre (“Plaintiff”) requests entry of default judgment against Defendants Peter Kirkpatrick, Mindy Weathers, and Jason Starr. Plaintiff seeks judgment in the total amount of $23,000,000.00, comprising $23,000,000.00 demanded in the complaint.

The Court notes that Plaintiff has still failed to sufficiently prove up the substantial amount of damages requested.

In support of the request for default judgment, Plaintiff asserts that from 2015 to 2035 (the year of Plaintiff’s anticipated retirement), Plaintiff’s salary would have been at least $300,000 more per year for a total of 20 years. (Starre Decl., ¶ 30.) Plaintiff thus seeks default judgment against defendants for asserted lost earnings in the amount of $6,000,000 ($300,000 per year times 20 years). (Ibid.)[1]

The Court finds this projection to be inflated.  For instance, Plaintiff appears to be asserting that she would have made at least $300,000.00 more per year because in 2014, Plaintiff’s income was $460,409.90, but when defendants started publishing false allegations about Plaintiff online, Plaintiff’s income dropped to $102,431.58. (Starre Decl., ¶¶ 27, 28.) But as Plaintiff states, in 2013, her income was $131,742.10. (Starre Decl., ¶ 27.) In 2019, Plaintiff’s income exceeded this amount, totaling $171,830.47. (Ibid.) The Court finds that the loss of income based upon the evidence presented is at most $3.9 million.  This number is based upon the average amounts earned for the first three years indicated on the chart on page one of Exhibit B less the amount earned on average for the remaining years. With regard to the amounts claimed for emotional distress, the Court finds that the amount is too high and the appropriate amount under the circumstances is $5 million.  The Court finds that the amounts projected by  Dr. Roberts is unsupported.  Dr. Roberts has not indicated that she has ever charged or prescribed for any patient $75,000 per month for such treatment or that Plaintiff has undergone any such treatment. Moreover, Plaintiff has indicated that she is planning to leave the country and she has not indicated that she will be receiving treatment outside of the United States. The Court finds the amount identified by Dr. Roberts as inflated and reduces the amount to $100,000.00 per year for a total of $1 million.  Thus, the total amount of the judgment that is appropriate is $9.9 million.   

The Court reiterates that it is required to render default judgment only “for that relief . . . as appears by the evidence to be just.” ((Code Civ. Proc., § 585(b).) Without such evidence, the court may refuse to grant default judgment for any amount, notwithstanding the defendant’s default. ((Taliaferro v. Hoogs (1963) 219 Cal.App.2d 559, 560.) 

Accordingly, the Court will enter default judgment in the amount of $9.9 million.

DATED:  October 5, 2022                             ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court