What are general damages?

The general rule of damages in tort is that the injured party may recover for all detriment caused whether it could have been anticipated or not. (Code of Civ. Proc., § 3333; Hunt Bros. Co. v. San Lorenzo etc. Co. [(1906)] 150 Cal. 51, 56.) The recoverable damages include “special” or “general” damages. (Beeman v. Burling (1990) 216 Cal.App.3d 1586, 1601.)

Special and General Damages

“Special” damages consist of all economic (i.e., out-of-pocket) losses caused by the injury that can be documented by bills, receipts, and other records. (Id. at 1599.)

“General” damages consist of the noneconomic or intangible losses that result from the injury complained of, such as pain and suffering and other forms of loss that are subjective and not directly quantifiable by reference to bills or receipts. (Id.) General damages “may be proved under the ad damnum clause or general allegation of damage.” (Zvolanek v. Bodger Seeds, Ltd. (1935) 5 Cal.App.2d 106, 108; Treadwell v. Whittier (1889) 80 Cal. 574, 579.)

A plaintiff must present evidentiary facts, not conclusions, regarding general damages; the types of evidence supporting an award of general damages include evidence disclosing that plaintiff suffered severe pain following the incident, “presently suffers from pain on a daily basis which creates functional lifestyle limitations, and will have chronic pain for the rest of [his] life.” (Westphal v. Wal-Mart Stores, Inc., 68 Cal.App.4th 1071, 1080 (1998).)

It “has traditionally been left to the trier of fact to assess the degree of harm suffered and to fix a monetary amount as just compensation.” (Walnut Creek Manor v. Fair Employment & Housing Com., 54 Cal.3d 245, 263 (1991).) For example, “the law does not prescribe a definite standard or method to calculate compensation for pain and suffering. The jury is merely required to award an amount that is reasonable in light of the evidence.” (Damele v. Mack Trucks, 219 Cal.App.3d 29, 38 (1990).)

Useful Rulings on General Damages

Recent Rulings on General Damages

JINGXUAN ZHANG VS HUMMINGBIRD NEST ENTERTAINMENT CORP

The following defects are noted: The Judicial Council Request for Entry of Default Form CIV-100 identifies the following amounts: $43,610 as “[d]emand of complaint,” $35,642.50 in general damages, $4,355.00 in interest, $3,210.69 in costs and $1,698.00 in attorney fees; however, the “TOTALS” amount is listed as $39,997.50 (the above figures, however total $80,548.69).

  • Hearing

    Aug 14, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

SJF TEMPLE RAMPART LLC, A DELAWARE LIMITED LIABILITY COMPANY AND HSB TEMPLE RAMPART LLC, A DELAWARE LIMITED LIABILITY COMPANY VS JACOB SON

Plaintiffs seek entry of a default judgment of $51,660.47 against Defendant consisting of $48,842.07 in general damages, $1,855.00 in attorneys’ fees, and $963.40 in costs. The Court finds that Plaintiffs’ prove up papers are deficient. First, the Declaration of Mailing contained in the Civ-100 Form indicates that the default judgment packed was mailed to the subject property after Defendant vacated.

  • Hearing

    Jul 14, 2020

BARBARA CARRION, ET AL. V. LAUREN COOPER, ET AL.

Plaintiff seeks damages for hospital and medical expenses, lost wages, and loss of earning capacity, as well as general damages. On January 8, 2020, defendants caused deposition subpoenas for the production of business records to be served on two out-of-state entities, One Call Medical, Inc. in Jacksonville, Florida, and Radio Shack, Inc. in Fort Worth, Texas, seeking medical and employment related records.

  • Hearing

    Jul 13, 2020

NORMA CALDWELL VS NORWALK COMMUNITY HOSPITAL, LP, ET AL.

The motion to strike “general damages” is GRANTED without leave to amend with respect to the cause of action for medical negligence against Alta. Alta argues that general damages are not recoverable by a Decedent or his personal representatives as to a negligence claim. The Court agrees.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

PAUL RICHARD V. LADERA PLAZA, ET AL.

Plaintiff seeks damages for wage loss, medical expenses, property damages and general damages. Liability is contested and Ladera Plaza contends that Plaintiff was injured while dirt bike riding, not in the accident at issue here. The parties mediated the case with Laurie Saldaña.

  • Hearing

    Jul 09, 2020

PARMANAND KUMAR VS RODOLFO CERRILLO LOPEZ, INDIVIDUALLY

Discussion The Complaint alleges eight (8) causes of action, as follows: (1) breach of contract; (2) common counts; (3) conspiracy; (4) fraud; (5) conspiracy; (6) intentional tort; (7) violation of Business & Professions Code; (8) foreclosure of contractor’s licensure bond; (9) foreclosure of contractor’s license bond; (10) unjust enrichment; and (11) general damages.

  • Hearing

    Jul 08, 2020

JESUS IGNACIO VALENZUELA, ET AL. VS LAWNDALE HEALTHCARE & WELLNESS CENTRE LLC, ET AL.

It is unclear whether Plaintiffs are seeking to recover treble damages for any general damages recovered under the elder abuse and willful misconduct causes of action. From Plaintiffs’ prayers for treble damages, it appears Plaintiffs are seeking such. However, the allegations pleaded under the elder abuse cause of action appear to indicate that Plaintiffs are only seeking a trebling of punitive damages and not general damages. (Complaint ¶ 66.)

  • Hearing

    Jul 08, 2020

JANE DOE VS JASON GRANGER

Subdivision (b) of Civil Code section 1708.5 makes “[a] person who commits a sexual battery upon another [] liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages.”

  • Hearing

    Jul 08, 2020

JACK J DUDUM, JR. VS RICHARD KALTMAN

Statute requiring service of statement of damages before default is taken must separately state the amounts of special and general damages sought is construed to require a statement of both special and general damages sought because such information aids a defendant in evaluating the validity of plaintiff's damage claims with regard to their provability. C.C.P. § 425.11. See, also, Schwab v. Southern California Gas Company (2004) 114 Cal.App.4th 1308.

  • Hearing

    Jul 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MOLLY'S FROZEN TREATS #43352 LLC VS EMPIRE CONSTRUCTION DEVE

The prayer does not contain any specific statement of the amount of damages, alleging only that plaintiff is seeking compensatory damages and general damages “according to proof” (prayer ¶¶1-2.) In these circumstances an award of damages to plaintiff in excess of $25,000 would be void on its face. (Yu v. Liberty Surplus Ins. Corp. (2018) 30 Cal.App.5th 1024, 1029-1030, reh'g denied (Jan. 4, 2019), reh'g denied (Jan. 23, 2019), review denied (Mar. 20, 2019) Plaintiff to give notice.

  • Hearing

    Jul 06, 2020

  • Type

    Real Property

  • Sub Type

    other

CESAR COTTO VS JCDI INDUSTRIES LLC

… (h) For the purposes of this section, “actual damages” means special and general damages. This subdivision is declaratory of existing law.” Plaintiff argues that he is the prevailing party entitling Plaintiff to reasonable attorney’s fees and costs as set forth in Civil Code § 52(a). Defendant argues that its 998 offer cannot be construed as an admission of liability and, therefore, Plaintiff is not entitled to any fees and costs under the Act.

  • Hearing

    Jul 02, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

GILLIAN BURNS, AN INDIVIDUAL, ET AL. VS JOHN OWENS, AN INDIVIDUAL, ET AL.

Andrieux: $63,650.00 in damages ($13,650 in special damages and $50,000 in general damages), and $510.50 in costs. Giordano: $50,000.00 in damages ($0 in special damages and $50,000 in general damages) and $510.50 in costs. DATED: July 2, 2020 ________________________________ Hon. Teresa A. Beaudet Judge, Los Angeles Superior Court

  • Hearing

    Jul 02, 2020

  • Type

    Real Property

  • Sub Type

    other

CESAR COTTO VS JCDI INDUSTRIES LLC

… (h) For the purposes of this section, “actual damages” means special and general damages. This subdivision is declaratory of existing law.” Plaintiff argues that Plaintiff is the prevailing party entitling Plaintiff to reasonable attorney’s fees and costs as set forth in Civil Code § 52(a). Defendant argues that its 998 offer cannot be construed as an admission of liability and, therefore, Plaintiff is not entitled to any fees and costs under the Act.

  • Hearing

    Jul 02, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

PRINCESS NAVA CELO VS GERARDO MARCELO MARTINEZ

The Complaint not only seeks recovery of these specials, but of general damages, the only limit on which is reasonableness. (Civ. Code, § 3359; Loth v. Truck–A–Way Corp. (1998) 60 Cal.App.4th 757, 764-768.) In this personal injury action, it is possible that pain and suffering damages of more than $10,000.00 could be awarded to Plaintiff. Defendant’s opposition does not address why such an award is not possible.

  • Hearing

    Jul 01, 2020

MCCANIC-THORTON VS. CAREHOUSE HEALTHCARE CENTER

MOTION TO STRIKE: Allegations of Pain & Suffering in the Second COA: Defendant contends Plaintiffs are not entitled to recover general damages for the decedent’s pre-death pain and suffering in the medical negligence cause of action and thus, items 1 and 2 should be stricken from the FAC. While the pleading alleges certain damages that are not recoverable pursuant to Code of Civil Procedure section 377.34, they do not specifically seek such damages.

  • Hearing

    Jun 30, 2020

ERIN LOEB VS WILLIAM DANIEL KEITH MD ET AL

Plaintiff alleges causes of action for negligence and medical negligence, and seeks to recover general damages, special damages, interest on economic damages, and costs of suit. II.

  • Hearing

    Jun 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

VERA KOPP GUSS VS UDR, INC., A MARYLAND CORPORATION, ET AL.

As a result of Guss’s inability to leave the Property, she has suffered severe emotional distress, has been unable to work, resulting in loss of earnings and special and general damages. 2. Course of Proceedings On March 11, 2020, the court granted Plaintiffs Guss’s ex parte application for a temporary restraining order (“TRO”) and order to show cause re: preliminary injunction (“OSC”). The court directed Guss to personally serve Defendants, including “Real Party (sic.)

  • Hearing

    Jun 25, 2020

ASIANA CAPITAL, INC. VS DAVID DWECK

ANALYSIS: The request for entry of default judgment is GRANTED as indicated below: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $30,912.07 $30,912.07 General Damages $0.00 $0.00 Special Damages $0.00 $0.00 Interest $3,383.23 $3,383.23 Costs $577.70 $577.70 Attorney's fees $1,317.36 $1,317.36 TOTAL $36,190.36 $36,190.36

  • Hearing

    Jun 24, 2020

STEPHEN ALAN GREEN VS AXIALL CORPORATION, ET AL

Damages claims; Plaintiffs' Loss of Earnings claims; and Loss of Consortium Damages claims.

  • Hearing

    Jun 24, 2020

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

CREATIVE CIRCLE, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS BEAUTYCON MEDIA, INC., A DELAWARE CORPORATION

ANALYSIS: The Court GRANTS Plaintiff’s request for Entry of Default Judgement as follows: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $57,436.53 $57,436.53 General Damages $0.00 $0.00 Special Damages $0.00 $0.00 Interest $3,932.50 $3,932.50 Costs $498.65 $498.65 Attorney's fees $0.00 $0.00 $61,867.68 $61,867.68

  • Hearing

    Jun 23, 2020

ARACELI SICKLER VS ISLAND PACIFIC SUPERMARKETS INC ET AL

Therefore, at this stage in the proceedings, the court finds that a verdict over $25,000.00 is not virtually unattainable based on Plaintiff’s prayer for general damages. Accordingly, the motion to reclassify is DENIED. Defendants are ordered to give notice.

  • Hearing

    Jun 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

CLAVESILLA VS. STRONGKIDS MEDICAL GROUP, INC

Although it no longer explicitly requires a separate statement to specify special and general damages, the court in Plotitsa explained that “[s]uch information aids a defendant in evaluating the validity of plaintiff’s damage claims with regard to their provability.” (Plotitsa v. Superior Court (1983) 140 Cal.App.3d 755, 762.)

  • Hearing

    Jun 23, 2020

CHIMNEY HILL PROPERTIES, LTD., A TEXAS LIMITED PARTNERSHIP, ET AL. VS OCTAVIAN INVES, S.A. A LUXEMBOURG SOCIETE ANONYME, ET AL.

ANALYSIS: Plaintiff’s request for default judgment is GRANTED, as follows: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $45,200,000.00 $45,200,000.00 General Damages $0.00 $0.00 Special Damages $0.00 $0.00 Interest $6,067,945.21 $6,067,945.21 Costs $0.00 $0.00 Attorney's fees $0.00 $0.00 $51,267,945.21 $51,267,945.21

  • Hearing

    Jun 23, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

(NO CASE NAME AVAILABLE)

ANALYSIS: Plaintiff’s request for default judgment is GRANTED, as follows: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $45,200,000.00 $45,200,000.00 General Damages $0.00 $0.00 Special Damages $0.00 $0.00 Interest $6,067,945.21 $6,067,945.21 Costs $0.00 $0.00 Attorney's fees $0.00 $0.00 $51,267,945.21 $51,267,945.21

  • Hearing

    Jun 23, 2020

NOUNE SEROBIAN VS JAOSN H COHEN ET AL

Fourth, Plaintiff has not provided sufficient evidence to prove up damages ($18,000 in special damages and $30,000 in general damages). Accordingly, Plaintiff’s request for default judgment is denied without prejudice. The Clerk will discuss with Plaintiff a schedule for resubmission of the default judgment package, if any. DATED: June 23, 2020 ________________________________ Hon. Teresa A. Beaudet Judge, Los Angeles Superior Court

  • Hearing

    Jun 23, 2020

1 2 3 4 5 6 7 8 9 10 ... 40     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we gather your results.