What are special damages?

Useful Rulings on Special Damages

Recent Rulings on Special Damages

JEFF REINKE VS ELMER ERNESTO LOPEZ PLIEGO ET AL

After the payment of such expenses and attorney’s fee the court shall, on application of the employer, allow as a first lien against the amount of such judgment for damages, the amount of the employer’s expenditure for compensation together with any amounts to which he may be entitled as special damages under Section 3852.” (Lab. Code, § 3856.)

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

SECURITY NATIONAL INSURANCE CO VS CALIFORNIA DEPT OF TRANSPO

After the payment of such expenses and attorney’s fee the court shall, on application of the employer, allow as a first lien against the amount of such judgment for damages, the amount of the employer’s expenditure for compensation together with any amounts to which he may be entitled as special damages under Section 3852.” (Lab. Code, § 3856.)

  • Hearing

    Jul 13, 2020

RICHARDSON V. RICHARDSON

(complaint that requested unspecified general and special damages in addition to $100,000 of punitive damages does not fulfill the function of a statement of damages as it did not give notice before the clerk’s default of the total amount of damages sought. ) Id at p. 1347. See also, Ely v.

  • Hearing

    Jul 09, 2020

KAREN SMITH VS BENTE BERMAN, M.D., INC.

Third, Plaintiff’s request for damages has several defects: (1) Plaintiffs’ emotional distress damage is counted twice in general and special damages and must only be requested as general damage; (2) there is no evidence to support emotional distress damage of $45,000 (Kim v.

  • Hearing

    Jul 08, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

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

WILLIAM S HART UNION HIGH SCHOOL DISTRICT VS SPENCER RYAN SI

LEGAL STANDARD California Labor Code section 3860, subdivision (b) states the following: “[e]xcept as provided in Section 3859, the entire amount of such settlement, with or without suit, is subject to the employer’s full claim for reimbursement for compensation he has paid or become obligated to pay and any special damages to which he may be entitled under [s]ection 3852, together with expenses and attorney fees, if any, subject to the limitations in this section set forth.”

  • Hearing

    Jul 08, 2020

MARIELOU MENDOZA VS KAISER FOUNDATION HEALTH PLAN INC ET AL

Seventh Cause of Action, Defamation: GRANTED The elements for a cause of action for defamation are: 1) intentional publication; 2) of statement of fact; 3) that is false; 4) defamatory; 5) unprivileged; and 6) has a natural tendency to injure or that causes special damages.

  • Hearing

    Jul 07, 2020

LISA HINES, ET AL. VS SURFACES U.S.A., ET AL.

Plaintiffs seek: (1) at least $52,000 on the first cause of action, (2) not less than $500,000 for general and special damages on the second cause of action, (3) not less than $500,000 for general and special damages on the third cause of action, (4) general and special damages of $52,000 and prejudgment and post judgment interests, and treble damages up to $10,000 for the fourth cause of action, and (5) restitution not less than $52,000 on the fifth cause of action.

  • Hearing

    Jul 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

COLE MCKEEVER ET AL VS DONALD RAY WILLIAMS ET AL

The Court finds the gross settlement to be reasonable considering Claimant has not sustained special damages. $170,371.27, or 25% of the gross settlement is to pay for attorney’s fees, which is reasonable. $2,530.54 of the gross settlement is to pay for costs. The costs are adequately explained.

  • Hearing

    Jul 06, 2020

COLE MCKEEVER ET AL VS DONALD RAY WILLIAMS ET AL

The Court finds the gross settlement to be reasonable considering Claimant has not sustained special damages. $170,371.27, or 25% of the gross settlement is to pay for attorney’s fees, which is reasonable. $2,530.54 of the gross settlement is to pay for costs. The costs are adequately explained.

  • Hearing

    Jul 06, 2020

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

DAMIAN GARCIA, ET AL. VS ARMANDO VALENZUELA, JR., ET AL.

In sum, the Court finds Plaintiffs have settled one claim with approximately $2,600 in special damages and the other with approximately $400 in special damages for $5,000 each. The court finds each settlement was entered into in good faith. Moving Party has agreed to pay a substantial amount of money in excess of Plaintiff’s special damages in dispute here.

  • Hearing

    Jun 30, 2020

NASHEKA SIDDALL VS ADVANTAGE REAL ESTATE & MANAGEMENT SERVICES INC., ET AL.

Under Civil Code § 1942.5 (b): “(b)(1) A landlord who violates this section is liable to the tenant or lessee for the actual damages sustained by the tenant or lessee and special damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000). (2) The prevailing party shall be entitled to recovery of reasonable attorney's fees and costs of the suit in an amount fixed by the court.”

  • Hearing

    Jun 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

NASHEKA SIDDALL VS ADVANTAGE REAL ESTATE & MANAGEMENT SERVICES INC., ET AL.

Under Civil Code § 1942.5 (b): “(b)(1) A landlord who violates this section is liable to the tenant or lessee for the actual damages sustained by the tenant or lessee and special damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000). (2) The prevailing party shall be entitled to recovery of reasonable attorney's fees and costs of the suit in an amount fixed by the court.”

  • Hearing

    Jun 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • County

    Los Angeles County, CA

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

(NO CASE NAME AVAILABLE)

Superior Court (1989) 213 Cal.App.3d 147 as being dispositive because Campbell also involved a situation where a plaintiff lacked special damages and was only seeking damages for pain and suffering, and punitive damages. However, Campbell is distinguishable. In Campbell, the Court of Appeal held that the trial court did not abuse its discretion in ordering the case transferred to Municipal Court.

  • 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

EMPLOYEE HEALTH SYSTEMS MEDICAL GROUP INC VS LEGACY MEDICAL GROUP INC

With respect to the warranty breaches, defendants argue that because damages do not necessarily flow from such breaches EHS must specifically plead facts showing special damages. See, Comstock v. Coronet Heating Supply Co. (1952) 111 Cal.App.2d 600, 603. Defendants say it is "not clear at all" how alleged accidental use of a deceased physician's electronic signature or lack of a medical director resulted in damages to EHS. Reply, p. 7.

  • Hearing

    Jun 24, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

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

CLAVESILLA VS. STRONGKIDS MEDICAL GROUP, INC

The court further explained, “ ‘The distinction between general and special damages forms the basis of an important principle of pleading, that the defendant is entitled to notice of what damages are to be claimed at the trial, and should be given such notice in the complaint.’ [Citations.]” (Ibid., emphasis in original.)

  • 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

BEATS ELECTRONICS LLC ET AL VS MONSTER LLC ET AL

Beats argues that Monster only designated Jim Crossland as an expert witness to testify as to six topics, none of which were special damages/lost profits or reliance damages.

  • 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

EDWARD RUSTAMZADEH, M.D., ET AL. V. JILL CUDIA

Additionally, this defamatory character is sufficiently apparent that, contrary to what Cudia argues, damages are presumed and special damages need not be established to sustain a prima facie showing at this juncture. And so here, contrary to Cudia’s assertion (made without citation to authority or reasoned explanation), the reviews are defamatory on their face and suffice to establish Plaintiffs’ prima facie showing without additional proof of special damages. Additionally, under these circumstances, Dr.

  • Hearing

    Jun 11, 2020

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