LARISA GALSTYAN VS LUSINE KHACHIKYAN ET AL

Tentative Rulings

Case Number: ****3110    Hearing Date: September 22, 2020    Dept: 28

Request for Default Judgment

Having considered all documents submitted in support of two applications for default judgment, the Court rules as follows.

BACKGROUND

On November 13, 2017, Plaintiff Larisa Galstyan (“Plaintiff”) filed a complaint against Defendants Lusine Khachikyan, Marine Khachikyan, and Lil Monster Clothing. Plaintiff alleges premises liability for a shelf falling on Plaintiff on February 9, 2017.

On November 13, 2018, Plaintiff filed an amendment to the complaint renaming Doe 1 as Defendant Harriet Schwartz.

On June 19, 2019, the Court approved an amendment to the complaint renaming Plaintiff’s first name as Larissa.

On September 3, 2019, the Court dismissed Defendant Khachikyan with prejudice.

On September 20, 2019, Plaintiff filed a first amended complaint against Defendants Marine Khachikyan and Lil Monster Clothing.

On April 29, 2020, the Court entered default against Defendants Lil Monster Clothing and Marine Khachikyan.

On May 18, 2020, the Court dismissed all remaining doe defendants from the complaint without prejudice.

On May 12, 2020, Plaintiff filed applications for entry of default judgment against Defendants Lil Monster Clothing and Marine Khachikyan.

An Order to Show Cause Re: Dismissal For Failure to File Default/Default Judgment as to Defendants Lil Monster Clothing and Marine Khachikyan is scheduled for November 6, 2020.

PARTY’S REQUESTS

Plaintiff asks the Court to enter a default judgment against Defendants Lil Monster Clothing and Marine Khachikyan and award Plaintiff $1,020,941.87.

DISCUSSION

The Court finds the applications filed on May 12, 2020 must be denied for two reasons.

First, Plaintiff’s applications for a default judgment must be denied because Plaintiff failed to submit evidence showing an entitlement to the requested special damages. Plaintiff must file evidence substantiating Plaintiff’s request for special damages. (See Carlson v. Koivumaki (2014) 227 Cal.App.4th 879, 898.) Plaintiff has submitted evidence showing she has sustained $5,087.00 in special damages. However, Plaintiff is requesting $18,300.00 in special damages. The applications must be denied because Plaintiff has not substantiated $13,213.00 of the special damages Plaintiff requests in her applications.

Second, there is insufficient evidence showing an award of $1,000,000.00 in general damages would compensate Plaintiff for the non-economic injuries Plaintiff has sustained. General damages are intended to compensate for pain and suffering, emotional distress, and other non-quantifiable damages that flow from quantifiable damages. (See Licudine v. Cedars-Sinai Medical Center (2016) 3 Cal.App.5th 881, 892.) There is no evidence showing what degree of pain, suffering, emotional distress, or any other sort of non-quantifiable damages Plaintiff has sustained. As such, the Court cannot conclude that $1,000,000.00 in general damages would compensate Plaintiff for the non-economic injuries Plaintiff has sustained.

CONCLUSION

The applications for default judgment filed on May 12, 2020 against Defendants Lil Monster Clothing and Marine Khachikyan are DENIED.

Plaintiff is ordered to give notice of this ruling.