What are special damages?

Useful Rulings on Special Damages

Recent Rulings on Special Damages

MICHAEL MCCATTY VS LENNOVA USA, ET AL.

Damages The Complaint prays for “all general and special damages, past and future, for the jurisdictional amount of a limited civil case, the exact amount according to proof.” (Compl., Prayer, ¶1.) Defendants argue that Plaintiff cannot prove the element of damages because his insurer paid for the damage to the 2015 BMW and provided a rental vehicle. Defendants’ evidence shows that Plaintiff is seeking to recover some damages based on the cost to replace the 2015 BWM.

  • Hearing

    Sep 24, 2020

  • County

    Los Angeles County, CA

ALVARO GALLEGOS, ET AL. VS LUCIANO GOMEZ, JR.

The express language in Civil Code section 1924.4, subdivision (b)(1) provides, “[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).” Therefore, as long as Plaintiffs have alleged facts which could show a violation of the section, Plaintiffs may state a claim for a Civil Code section 1924.4 violation.

  • Hearing

    Sep 23, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

MARIA GOMEZ, ESPERANZA GOMEZ, JESUS CHAVARRIA VS APB PROPERTIES, LLC. AND DOES 1-50

Civil Code, §1942.4(b)(1) states a landlord in violation of the section is liable for actual damages and special damages of $100 to $5,000. Subsection (b)(2) states that a prevailing party shall be entitled to the recovery of attorney’s fees and costs. Here, the allegations fail to allege facts showing that a public officer or employee notified Defendant in writing of its obligation to abate a nuisance or repair substandard conditions, or that the conditions existed and were not abated for 35 days.

  • Hearing

    Sep 18, 2020

  • County

    Los Angeles County, CA

ZAKIR SARANG VS FOX RENT A CAR, INC., ET AL.

Here, the complaint requests: lost wages, overtime and related employment benefits Special damages Medical expenses Attorney fees Punitive Damages General damages Compensatory Damages Restitution of all monies due to Plaintiff and disgorgement of profits from the unlawful business practices of defendants Jury trial Costs Interest Declaratory Relief stating the violations that Defendants committed as to the FEHA and public policy Penalties Waiting time penalties Premium Pay Penalties under Labor

  • Hearing

    Sep 18, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

TANG VS. THE EVENT LOFT, LLC

As such, the allegations fail to support special damages for the contract-based claims. Accordingly, the motion to strike the allegations for special damages is GRANTED with 20 days leave to amend. Defendants to give notice.

  • Hearing

    Sep 17, 2020

EVAN PIERCE VS STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION (CALTRANS), A PUBLIC ENTITY, ET AL.

Plaintiff’s statement of damages to the Association notes that Plaintiff seeks $15 million in general damages and $5 million in special damages against the Association. (See City Ex. D.) The settlement amount--$3.25 million paid out by State Farm Insurance Company --is only 16.25 % of the total of the $20 million that Plaintiff seeks from the non-settling defendants.

  • Hearing

    Sep 17, 2020

ELLE BI VS TONY E. LUND

As such, the Court cannot determine whether the defamatory statements were spoken, written or published in some other manner, and the Court cannot determine what special damages, if any, were suffered by Plaintiff as a result of the purported defamation. (See Civ. Code, §§ 45a [defining libel per se], 46 [defining slander], 48a, subd. (d)(2) [defining special damages].) Accordingly, Defendant’s demurrer to the second cause of action is SUSTAINED, with twenty (20) days leave to amend.

  • Hearing

    Sep 16, 2020

JAMMIE A. HILL VS BEACH CITY TREATMENT, LLC, ET AL.

Plaintiff argues his special damages, including medical bills and past and future lost earnings, are capable of being made certain. Neither party cites on point authority concerning this issue. Pursuant to Greater Westchester Homeowners Ass’n v. City of Los Angeles (1979) 26 Cal.App.3d 86, 103, the amount of personal injury damages is necessary left to the subjective discretion of the trier of fact, and therefore prejudgment interest is not recoverable in such cases.

  • Hearing

    Sep 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

KALENACK VS COUNTY OF VENTURA

Kalenack has incurred approximately $50,000 in medical special damages, so the Court does not share County's assessment that the extent of potential recovery in all damages is limited to that sum. Considering all of the evidence and circumstances, the Court weighs this factor in favor of granting the motion for good faith settlement. (b) The amount paid in settlement is not insubstantial.

  • Hearing

    Sep 15, 2020

ROGER VS COUNTY OF RIVERSIDE

it is in written form or other permanent form so as to amount to libel, it is considered actionable per se - injury is presumed to follow from the act and plaintiff is not required to prove special damages. (5 Witkin, Summary of California Law, Torts §§638-642.) Ultimately, the issue for this cause of action is the same as the first – is there any evidence that Defendant Sniff made the defamatory publication about Plaintiff’s contempt charge in the jail system? The analysis is the same, as well.

  • Hearing

    Sep 14, 2020

AVERY SMITH VS EL PUENTE AUTO CARE & MUFFLER CENTER, INC.

However, Defendants only tally up Plaintiff’s economic damages and medical special damages. They do not address the fact that each Plaintiff also seeks general non-economic damages for pain and suffering. In ruling on a motion to reclassify, the Court may not properly “trespass into the province of the trier of fact” and in particular, “pain and suffering are not subject to precise measurement by any scale and their translation into money damages is peculiarly the function of the trier of facts.”

  • Hearing

    Sep 14, 2020

MARIANA HYEWON KANG VS HOY QUAN, ET AL.

Defamatory language not libelous on its face is not actionable unless the plaintiff alleges and proves that he has suffered special damages as a proximate result thereof. Special damage is defined in Section 48a of this code.” With respect to the third and fourth causes of action, defendants argue that these claims are barred by the Uniform Single Publication Rule.

  • Hearing

    Sep 11, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CHAMPEAU VS. SHACKLEFORD

The motion is granted as to the tenth and eleventh “causes of action,” because they are requests for various forms of relief, e.g. compensatory and special damages, which should be requested in a prayer for relief. See Cal. Prac. Guide Civ. Pro. Before Trial at ¶ 6:271 (citing Code Civ.

  • Hearing

    Sep 03, 2020

ALTAGARCIA PERALTA VS FIRST IMAGE NURSERY, LLC ET AL

The Court is inclined to continue the Order to Show Cause re: Entry of Default Judgment to allow Plaintiff to address deficiencies in the Request for Entry of Default Judgment.While the request for default judgment specifies a request for $250,000 in general damages and $25,000 in special damages, this amount is not supported in the First Amended Complaint. The First Amended Complaint does not plead any specific amount of damages.

  • Hearing

    Sep 02, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

PAULINA CASTELLI VS ABACUS BUSINESS CORPORATION GROUP, INC., ET AL.

As to the fourth factor, in recognizing that a settlor should pay less in settlement than if found liable after trial, assuming Plaintiff was completely successful on her claims, there is evidence that Plaintiff would recover approximately $30,955.00 in special damages. Based on the settlement of $15,000.00, Luna and Millan would pay almost 50% of Plaintiff’s medical damages incurred to date of the agreement.

  • Hearing

    Aug 31, 2020

DEANNA AIVAZIAN VS. SARKIS TERSAKIAN ET AL

Subsection (b) states that 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 $100 and not more than $5,000. (Civil Code, §1942.4(b)(1).) “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.” (Civil Code, §1942.4(b)(2).)

  • Hearing

    Aug 28, 2020

  • County

    Los Angeles County, CA

SHEYNA BURNS VS FELICIA KELLEY

Plaintiff seeks judgment in the total amount of $149,260.60, comprising $136,240 in general damages, $5,250 in special damages, $731.60 in costs, and $7,039 in attorney fees. The Court notes a number of defects with the submitted default judgment package. “A complaint . . . shall contain . . . the following: . . . . (2) A demand for judgment for the relief to which the pleader claims to be entitled. If the recovery of money or damages is demanded, the amount demanded shall be stated.” ((Code Civ.

  • Hearing

    Aug 28, 2020

  • Type

    Real Property

  • Sub Type

    other

CARLOS CHAVEZ VS SECURITY AMERICA INC

Plaintiff attests to (1) special damages calculated as Plaintiff’s lost earnings between the date of termination (August 2, 2016), to the date of serving a statement of damages upon Defendant Garnica (July 3, 2019), totaling $108,712.40 ($19.41/hour x 40 hours/week, including bonuses, raises, vacation pay, and overtime pay, minus per diem earnings of $8,000); and (2) general damages for Plaintiff calculated as twice Plaintiff’s special damages. (See Chavez Decl. ¶¶ 2-3.)

  • Hearing

    Aug 28, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

KIRK C. CHAMBERLIN VS MEADOW LAY

To show probability of prevailing on a slander claim, Plaintiff must produce evidence to support: 1) False and unprivileged publication; 2) orally uttered to third persons; and 3) naturally tending directly to injure a person, in respect to office, profession, trade or business (slander per se), or special damages. Mann v. Quality Old Time Service, Inc. (2004) 120 Cal. App. 4th 90, 106.

  • Hearing

    Aug 26, 2020

MARKS HOUSE, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS HEATHER ALLEN

ANALYSIS: The request FOR Entry of Default Judgement is GRANTED as indicated below: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $34,924.00 $34,924.00 General Damages $0.00 $0.00 Special Damages $0.00 $0.00 Interest $0.00 $0.00 Costs $435.00 $435.00 Attorney's fees $0.00 $0.00 $35,359.00 $35,359.00

  • Hearing

    Aug 26, 2020

JANE DOE, AN INDIVIDUAL VS COLLEGE HOSPITAL, INC., ET AL.

Nos. 21-24, 28-29, 34-39: These interrogatories are proper because they pertain to Plaintiff’s special damages claims. Nos. 30-31: Despite Plaintiff’s characterization of her 2nd cause of action as Negligence, Plaintiff’s claim is against a healthcare provider, and as such, her claim is actually for Medical Negligence. MICRA allows Defendants to “introduce evidence of payments of bills, etc., by collateral sources.” (CC § 3333.1.) The discovery is proper.

  • Hearing

    Aug 25, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

MARCO ARMAS VS JULIA HARRIS ET AL

Plaintiff Marco Armas shall be entitled to recover $16,217.94 in special damages for bodily injuries sustained as a result of his injuries. [¶] 2. Plaintiff Marco Armas shall be entitled to recover $48,653 (using a multiplier of 3) for his physical pain and suffering, due to the seriousness of the injuries and the extent of liability of Defendant Harris. [¶] 3. Plaintiff Marco Armas shall be entitled to recover the full costs for the veterinarian bill, in the amount of $1,075.00; [¶] 4.

  • Hearing

    Aug 25, 2020

TIMOTHY SCHIRMER VS CHELSEY E FINEGAN

Plaintiff’s statement of damages dated January 31, 2020 shows Plaintiff’s special damages total $4,745.00 and Plaintiff’s general damages total $75,000.00. (Evans Decl., ¶ 2.) Photographs of the vehicles involve show minimal rear-end damage to Plaintiff’s Honda Accord and no damage to Defendant Finegan’s Mercedes CLA. (Evans Decl., ¶ 3.) The alleged damages do not support the existence of injuries requiring extensive, if any, medical treatment from the impact. (Ibid.)

  • Hearing

    Aug 21, 2020

BERTUZZI VS. RENOVATE AMERICA, INC.

Among other things, Plaintiff seeks special damages, general damages, and treble damages. (See, e.g., FAC, Prayer for Relief.) Plaintiff responds that the court cannot adjudicate part of a cause of action or item of damage on demurrer. But the court is evaluating whether Plaintiff has pled compliance with the Claims Act, not adjudicating whether part of her claim is valid.

  • Hearing

    Aug 20, 2020

MARIA BREESKIN, ET AL. VS DONG CHUNG, ET AL.

The Court Entry of Default Judgement in the amount of $78,960.48 as indicated below: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $71,000.00 $71,000.00 General Damages $0.00 $0.00 Special Damages $0.00 $0.00 Interest $4,707.52 $4,707.52 Costs $942.96 $942.96 Attorney's fees $3,388.10 $2,310.00 $80,038.58 $78,960.48

  • Hearing

    Aug 19, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

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