Judge: William A. Crowfoot, Case: 21STCV08393, Date: 2022-09-20 Tentative Ruling

Case Number: 21STCV08393    Hearing Date: September 20, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

VICTOR HSIEH,

                   Plaintiff(s),

          vs.

 

LEI GAO, et al.,

 

                   Defendant(s).

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      CASE NO.: 21STCV08393

 

ORDER RE: APPLICATION FOR DEFAULT JUDGMENT

 

 

 

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On March 3, 2021, plaintiff Victor Hsieh (“Plaintiff”) filed this action against defendants Song Mu (“Mu”) and Lei Gao (“Gao”) for battery, assault, and intentional infliction of emotional distress.  Plaintiff alleges that on October 21, 2019, Mu struck Plaintiff with a meat cleaver and caused him to fall to the ground.  (Compl., ¶ 7.)  While Plaintiff was on the ground, Mu attempted to strike him again while Gao struck him in the head multiple times with the bottom portion of one or more chairs.  (Compl., ¶ 8.)  Default was entered against Mu on April 26, 2021, and against Gao on May 3, 2021.  Mu and Gao were subsequently arrested and pled no contest to violation of Penal Code section 245(a)(4). 

Plaintiff requests a default judgment against Defendants in the amount of $2,199,448.88, consisting of $498,036.16 in special damages, $234,868.84 in general damages, $732.40 in costs, and $1,465,811.48 in punitive damages. 

Plaintiff’s medical expenses paid by Medi-Cal amounts to $1,457.19 and Medi-Cal is demanding $1,092.90 in reimbursement.  Plaintiff states his general damages is derived by multiplying his total past medical charges of $58,717.21 by 4.  However, his medical expenses are admittedly much less due to Medi-Cal’s payments.  Therefore, Plaintiff must revise his stated medical expenses and any calculation of his general damages derived from that amount.

Plaintiff also states he has suffered loss of earnings in the approximate amount of $64,736 to date because he has been unable to work since he was injured.  He attaches pay stubs showing that from May to October 2019, he was employed by Corporate eWaste Solutions.  During this time, he earned $13 or $14 an hour and averaged 34 hours per week.  He also claims loss of earning capacity and states he expects to lose an approximate amount of $432,208, based on the average lifespan of 77 years for a male residing in the United States in 2020.  Plaintiff calculates his future loss of earnings by multiplying his annual income of $24,752 by 17.5 years.  He declares his cognitive and physical abilities have been impaired by the attack and has been unable to mentally focus on tasks and has difficulty remembering things.  He states he suffers from ongoing lower back and leg pain and weakness in his legs and is wheelchair bound, resulting in his inability to maintain employment as a warehouse worker or any other job requiring physical exertion.  He does not have a college degree and does not believe he will be able to obtain any job in the future which does not primarily require physical exertion.  However, Plaintiff’s request for loss of future earning capacity is limited to $400,000 based on his statement of damages.  (Ex. 10.) 

Plaintiff’s request for punitive damages is DENIED.  Plaintiff submits no proof regarding either defendant’s financial condition and does not show that the award is not excessive in light of defendants’ ability to pay. 

Based on the foregoing, Plaintiff’s application for default judgment is DENIED without prejudice.