Case Number: BC4521987 Hearing Date: May 09, 2016 Dept: 98

DANIEL MARTINEZ,
Plaintiff,
vs.

GEORGE ALMARAZ,

Defendant.

CASE NO: BC521987

ORDER RE: PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT

Dept. 98
1:30 p.m.
May 9, 2016

On September 20, 2013, Plaintiff Daniel Martinez (“Plaintiff”) filed this action against Defendant George Almaraz (“Defendant”) for alleged damages arising out of a July 14, 2012 vehicle collision. On July 9, 2015, default was entered against Defendant. Plaintiff now requests default judgment against Defendant, seeking $6,490.00 in medical expenses, $5,000.00 in future medical expenses, $9,696.00 in property damage, $1,000.00 in loss of earnings, $27,814.00 in non-economic damages, and $500.00 in costs, for a total of $50,500.00.

The Court has reviewed the exhibits submitted with Plaintiff’s request and notes that Plaintiff has failed to submit any evidence in support of his loss of earnings claim. Further, though Plaintiff seeks $5,000.00 in future medical expenses, the exhibit he offers in support, a letter from David R. Holder, D.C., recommends that Plaintiff continue chiropractic care two to three times a month for three to four months with an approximate cost of $600.00 to $1,200.00. It is unclear how Plaintiff calculated the $5,000.00 figure for future medical expenses.

Further, Plaintiff seeks prejudgment interest at the rate of 10%, but does not allege any contract or breach thereof which would justify a 10% interest rate calculation, or indeed any prejudgment interest at all. Cal. Civ. Code § 3289. Plaintiff also has not provided an interest calculation, as required by California Rules of Court, Rule 3.1800(a)(3). Lastly, Plaintiff seeks 33% in attorney’s fees, but does not allege any basis for recovery of such fees. Generally, attorney’s fees are not recoverable as costs unless they are authorized by statute or agreement. People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc. (2007) 147 Cal.App.4th 424, 429.

In light of this, the Court will enter judgment as follows: $6,490.00 in medical expenses, $1,200.00 in future medical expenses, $9,696.00 in property damage, $27,814.00 in non-economic damages, and $500.00 in costs, for a total of $45,700.00. No prejudgment interest, loss of income, or attorney’s fees will be awarded.

If Plaintiff does not accept these proposed figures, Plaintiff may attend a default prove-up hearing set for May 24, 2016 at 8:30 a.m. in Department 98. If Plaintiff does not appear at that time, judgment in the amount proposed above will be entered.

Dated this 9th day of May, 2016

Hon. Holly J. Fujie
Judge of the Superior Court