Judge: Thomas D. Long, Case: 21STCV36267, Date: 2024-05-17 Tentative Ruling

Case Number: 21STCV36267    Hearing Date: May 17, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 24, 2022 Plaintiff Eboni Gardner filed a first amended complaint (“FAC”) against Defendant Valley Creek Hospice Inc. and others.  On February 9, 2023, the Court entered default against Valley Creek Hospice Inc. on the FAC.  On June 22, 2023, the Court denied Plaintiff’s request for default judgment with an order that detailed the request’s many deficiencies.

On August 25, 2023, Plaintiff filed a second amended complaint (“SAC”) against Defendant Valley Creek Hospice Inc. and other now-dismissed defendants.  On November 29, 2023, the Court entered default against Defendant on the SAC.  On February 16, 2024, Plaintiff filed this request for entry of default judgment.

Plaintiff seeks a judgment of $992,103.90, consisting of $978,866.71 in damages, $12,486.32 in attorney fees, and $750.87 in costs.

According to the memorandum of costs, the type and amount of costs are reasonable.

Plaintiff’s counsel provides a copy of billing records, and the requested attorney fees appear reasonable.  However, Plaintiff does not cite any authority for attorney fees.  The Court assumes that attorney fees are sought under Government Code section 12965, subdivision (b).

“‘Plaintiffs in a default judgment proceeding must prove they are entitled to the damages claimed.’  [Citation].”  (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 288.)  “[T]he plaintiff must affirmatively establish his entitlement to the specific judgment requested.” (Id. at p. 287.)

Plaintiff’s declaration does not prove her damages.  Plaintiff explains the bases for her emotional distress, but the damages amounts are unclear.  Plaintiff provides evidence that she attended therapy and was proscribed certain medications.  (Gardner Decl. ¶¶ 34-35 & Exs. 6-8.)  She also states, without providing any calculations, that she began earning approximately $80,000.00 beginning in May 2022, and she sued to earn $35.00/hour when working for Defendant.  (Gardner Decl. ¶ 36.)  From this limited information, the Court cannot determine Plaintiff’s actual damages.

Plaintiff’s damages for emotional distress (see Gardner Decl. ¶¶ 33-35) are “damages for personal injury.”  (See Code Civ. Proc., § 425.11, subd. (b).)  There is no evidence that Plaintiff served a Statement of Damages on Defendant before the November 29, 2023 entry of default.  (See Code Civ. Proc., § 425.11, subd. (c).)  Instead, Plaintiff filed a Statement of Damages on February 16, 2024 and indicated that it was served on Defendant by mail also on February 16, 2024.

In order to obtain damages for personal injury, Plaintiff must file and serve an amended complaint and serve Defendant with a Statement of Damages before seeking Defendant’s default.

Additionally, even if the Statement of Damages had been properly served, it would not support the amount of damages requested for this default judgment.  The Statement of Damages sets forth $100,00.00 for “Pain, suffering, and inconvenience,” $600,000.00 for “Emotional distress,” and $78.866.71 for “Loss of earnings.”  This is less than the $978,866.71 in damages requested here.  Although the SAC demands a total amount of $992,103.90, this is not a substitute for compliance with the Statement of Damages.  (See Code Civ. Proc., § 425.10, subd. (b) [“where an action is brought to recover actual or punitive damages for personal injury or wrongful death, the amount demanded shall not be stated”].)

The request for entry of default judgment is DENIED WITHOUT PREJUDICE.

An Order to Show Cause Re: Failure to Obtain Entry of Default Judgment is scheduled for August 16, 2024 at 8:30 a.m.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 17th day of May 2024