On 11/13/2017 LARISA GALSTYAN filed a Personal Injury - Other Personal Injury lawsuit against LUSINE KHACHIKYAN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are CHRISTOPHER K. LUI and DANIEL M. CROWLEY. The case status is Pending - Other Pending.
****3110
11/13/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHRISTOPHER K. LUI
DANIEL M. CROWLEY
GALSTYAN LARISA
GALSTYAN LARISSA
KHACHIKYAN LUSINE
LIL MONSTER CLOTHING
KHACHIKYAN MARINE
DOES 1 TO 25
THE BARNES FIRM L.CC
PETROUSIAN ARTHUR
GALADZHYAN HYKA
GALADZHYAN AYKANUSH HEIDI
9/22/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: PROPOSED DEFAULT JUDGMENT)
11/5/2020: Declaration - DECLARATION DECLARATION OF LARISA GALSTYAN IN SUPPORT OF PLAINTIFF'S REQUEST FOR COURT'S JUDGMENT
4/24/2020: Request for Entry of Default / Judgment
4/27/2020: Request for Entry of Default / Judgment
4/21/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER)]
3/5/2020: Proof of Service by Substituted Service
1/31/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO FILE DEFAULT...)
10/31/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO FILE DEFAULT...)
9/20/2019: Amended Complaint
7/26/2019: Request for Dismissal
7/26/2019: Declaration - DECLARATION OF ARTHUR PETROUSIAN
6/20/2019: Amendment to Complaint (Fictitious/Incorrect Name)
11/13/2018: Amendment to Complaint (Fictitious/Incorrect Name)
2/16/2018: PROOF OF SERVICE SUMMONS -
2/16/2018: PROOF OF SERVICE SUMMONS -
6/6/2018: Proof of Service by Substituted Service -
11/13/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -
11/13/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -
Hearing07/14/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Non-Appearance Case Review
Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Order to Show Cause Re: Dismissal (For Failure to File Default/Default Judgment as to defendants, Marine Khachikyan and Lil Monster Clothing) - Held
DocketMinute Order ( (Order to Show Cause Re: Dismissal For Failure to File Default...)); Filed by Clerk
Docketat 08:30 AM in Department 4A; Order to Show Cause Re: Dismissal - Not Held - Advanced and Vacated
Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Order to Show Cause Re: Dismissal (For Failure to File Default/Default Judgment as to defendants, Marine Khachikyan and Lil Monster Clothing) - Held - Continued
DocketMinute Order ( (Order to Show Cause Re: Dismissal For Failure to File Default...)); Filed by Clerk
DocketDeclaration (Declaration of Larisa Galstyan in Support of Plaintiff's Request for Court's Judgment); Filed by Larissa Galstyan (Plaintiff)
DocketRequest for Entry of Default / Judgment (Marine Khachikyan Request for Court Judgment); Filed by Larissa Galstyan (Plaintiff)
DocketRequest for Entry of Default / Judgment (Lil Monster Clothing Request for Court Judgment); Filed by Larissa Galstyan (Plaintiff)
Docketat 4:54 PM in Department 28, Daniel M. Crowley, Presiding; Court Order
DocketProof of Service (not Summons and Complaint); Filed by Larissa Galstyan (Plaintiff)
DocketProof of Service (not Summons and Complaint); Filed by Larissa Galstyan (Plaintiff)
DocketPROOF OF SERVICE SUMMONS
DocketPROOF OF SERVICE SUMMONS
DocketPROOF OF SERVICE SUMMONS
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
DocketSUMMONS
DocketComplaint; Filed by Larissa Galstyan (Plaintiff)
DocketSUMMONS
Case Number: BC683110 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.