What are special damages?

Useful Rulings on Special Damages

Recent Rulings on Special Damages

TRACEY BRAXTON VS CITY OF GARDENA, ET AL.

Defendants proffer evidence that Plaintiff alleges special damages in the amount of $19,590.24. (Declaration of Louis R. Dumont, Exhibit B.) Based upon this evidence, Defendants argue that Plaintiff’s recovery will not exceed $19,590.24. In opposition, Plaintiff argues that Plaintiff has recommendations for surgery that will amount to $200,000. (Declaration of Michael Shemtoub, ¶ 4.) Plaintiff proffers a series of medical records, including an unsigned letter from Dr.

  • Hearing

ALESSANDRA M. STRAHL, TRUSTEE OF THE ALESSANDRA STRAHL REVOCABLE LIVING TRUST U/T/D 0924-93. VS JNY INVESTMENTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

Once Plaintiff files a request for dismissal of DOES, the Court will GRANT Plaintiff’s request for default judgment as follows: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $24,490.70 $24,490.70 General Damages $0.00 $0.00 Special Damages $0.00 $0.00 Interest $0.00 $0.00 Costs $1,025.12 $1,025.12 Attorney's fees $0.00 $0.00 $25,515.82 $25,515.82

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

JINKUN CHA, ET AL. VS PACIFIC EXPRESSWAY, INC., A CORPORATION , ET AL.

Plaintiff seeks special damages and may be entitled to prejudgment interest. In particular, Plaintiff requests identifies special damages that include all funeral/mortuary and consequential and incidental expenses incurred as a result of the incident. Therefore, the motion to strike is denied. Defendant is ordered to give notice.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MOHAMMAD MEHDI-MOLLANOURI SHAMSI VS SUSAN GANS, ET AL.

The settlement is over five times more than Plaintiff’s special damages. As such, this settlement is certainly ‘within the ballpark.’ Defendant Gans argues she has had insufficient time to conduct discovery to demonstrate her contention that Defendant Horwitz is solely liable for the incident. (Motion, p. 3:6-3:16.) In reply, Defendant Gans argues she needs more time to determine the validity of Plaintiff’s alleged future medical treatment.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

NATIONAL COLLEGIATE STUDENT LOAN TRUST 2006-3, A DELAWARE STATUTORY TRUST(S) VS YOUNG C YANG

Default judgment is entered as follows: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $52,434.41 $52,434.41 General Damages $0.00 $0.00 Special Damages $0.00 $0.00 Interest $0.00 $0.00 Costs $580.00 $580.00 Attorney's fees $0.00 $0.00 $53,014.41 $53,014.41

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

PORTER RENTS, LLC VS NEXTECH CONSTRUCTION, INC., ET AL.

The Court GRANTS Entry of Default Judgement in the amount of $119,925.21 as indicated below: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $99,598.47 $99,598.47 General Damages $0.00 $0.00 Special Damages $0.00 $0.00 Interest $16,897.28 $16,896.27 Costs $548.50 $548.50 Attorney's fees $2,881.97 $2,881.97 $119,926.22 $119,925.21 Plaintiff’s counsel to prepare the judgment for the Court.

  • Hearing

  • Type

    Collections

  • Sub Type

    Collections

ZACHARY SMITH VS VIVKA GREY, ET AL.

., the court solely addressed whether the alleged libel was libelous per se to warrant special damages. (Western Broadcast Co., supra, 14 Cal.App.2d at p.122.) Here, there is no allegation of libel per se or slander per se. Accordingly, Smith’s cases are inapplicable. Accordingly, Smith’s motion for judgment on the pleadings as to the first cause of action is DENIED.

  • Hearing

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

JAMES M. ENGLE VS GREGORY BLACKWELL

Default judgment is entered in the amount of $52,204.54 as indicated below: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $50,625.25 $50,625.25 General Damages $0.00 $0.00 Special Damages $0.00 $0.00 Interest $0.00 $0.00 Costs $579.29 $579.29 Attorney's fees $1,000.00 $1,000.00 $52,204.54 $52,204.54

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

THE BLUFFS COMMUNITY ASSOCIATION VS. NGUYEN

The prayer asked for injunctive relief, permission to gain entry to Defendant’s Property to perform necessary construction, for “general and special damages, and for fines, monetary penalties, and special reimbursement assessments imposed,” for attorney’s fees and costs, declaratory relief, “incidental damages in an amount to be established according to proof at trial,” “prejudgment and post judgment interest according to proof at trial,” “court costs,” and “such other and further relief as the Court considers

  • Hearing

GLOBAL TREND PRODUCTIONS, INC., A CALIFORNIA CORPORATION VS ATLANTA AUDIO-VISUALS, INC., A GEORGIA CORPORATION

On August 4, 2020, default was entered as to Defendant Worldwide Audio Visual Services, Inc. dba Atlanta Audio Visual ANALYSIS: The Court enters default judgment in the amount of $42,400.10 as indicated below: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $31,327.50 $31,327.50 General Damages $0.00 $0.00 Special Damages $0.00 $0.00 Interest $9,108.78 $9,108.78 Costs $634.00 $634.00 Attorney's fees $1,329.82 $1,329.82 $42,400.10 $42,400.10

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

LOGAN VS STEADFAST HILLTOP

Plaintiff’s responses are factually devoid and Defendants have met their burden showing that Plaintiff did not suffer special damages. The burden now shifts to Plaintiff to show that he suffered special damages. Importantly, since Plaintiff only has evidence that the $144.06 debt was reported to National Credit Systems, his damages must flow from the statement to National Credit Systems.

  • Hearing

TULIA ESTHER ARCE MENDOZA VS WINSOR SERVICES INC ET AL

Plaintiff seeks judgment in the total amount of $282,924.25, comprising $150,000 in special damages, $46,800 in general damages, $4,779 in pre-judgment interest, $5,095.25 in costs, and $76,250 in attorney fees. The Court notes that the amount of the judgment set forth in Plaintiff’s proposed judgment ($139,924.25) does not match the amount of the judgment set forth in Plaintiff’s Request for Court Judgment ($282,924.25).

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

SHEILA POWELL VS BEHAVIOR SUPPORT SOLUTIONS

damages claims; and · briefs the basis for the legal interest rate that Plaintiff requests.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

CAROLYN THOMAS VS MARQUEZ PRODUCE, ET AL.

McGill alleges that when the agreement was entered into, Plaintiff claimed special damages of $36,023.70. McGill argues that as a result the $100,000 settlement represents her fair share of liability, is not grossly disproportionate, represents McGill’s full policy limits. Furthermore, McGill contends there was no collusion or effort to injure non-settling Defendants.

  • Hearing

LONG NGUYEN VS FCA US LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

Plaintiff’s prayer seeks general and special damages. In opposition, Plaintiff now contends that he is seeking restitution, but restitution is not pled. Accordingly, demurrer is SUSTAINED with 10 days leave to amend. ECONOMIC LOSS RULE “'[T]he economic loss rule provides: Where a purchaser's expectations in a sale are frustrated because the product he bought is not working properly, his remedy is said to be in contract alone, for he has suffered only economic losses.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

DIRECT CHASSISLINK INC. VS SFE LOGISTICS TWO INC, A CORPORATION

ANALYSIS: The request for entry of default judgment is GRANTED in the amount of $30,035.25 as indicated below: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $27,874.35 $27,874.35 General Damages $0.00 $0.00 Special Damages $0.00 $0.00 Interest $462.00 $462.00 Costs $498.90 $498.90 Attorney's fees $1,200.00 $1,200.00 $30,035.25 $30,035.25

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

LALANIKA NARASINHA ARACHCHIGE, ET AL. VS STEADFAST INSURANCE COMPANY, ET AL.

The FAC alleges Defendant acted below the reasonable and ordinary standard of care for a prudent person such that they negligently caused Plaintiffs to suffer severe emotional distress causing general and special damages. These allegations are sufficient to state a cause of action for negligent infliction of emotional distress.

  • Hearing

  • Type

    Insurance

  • Sub Type

    Intellectual Property

MICHAEL L. WHITFIELD, SR., INDIVIDUALLY AND AS PASTOR OF NEW TRUE FAITH MISSIONARY BAPTIST CHURCH, A CALIFORNIA NONPROFIT C VS AUBREY MANUEL, ET AL.

The elements of slander are: (1) a 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, or special damages. (Mann v. Quality Old Time Serv., Inc. (2004) 120 Cal.App.4th 90, 106.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

KREWSON VS FLETCHER

Plaintiff does not deny that his special damages alleged in this case total $2,052.71. The motion is granted.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

KREWSON VS FLETCHER

Plaintiff does not deny that his special damages alleged in this case total $2,052.71. The motion is granted.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

PAUL ROBINSON VS SURFACE MODIFICATION SYSTEMS ET AL

In his prayer for relief, Plaintiff seeks “special damages, including, without limit, past and future medical expenses and related expenses, and past and future loss of earnings and earning capacity in an amount to be proven at trial”. (SAC, prayer) Plaintiff moves to compel Defendant’s further responses to Special Interrogatories (set two). The court finds the responses are adequate and objections are meritorious. Plaintiff did not meet and confer on Nos. 27, 28, 32, and 33.

  • Hearing

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

JACOB DEWITT VS DAVID JOSEPH BURTON, ET AL

Plaintiff requests general and special damages. The parties do not dispute that defendant Burtons have owned the Burton residence [at 2560 Colt Road] on a private street known as “Little Colt Road” since December 1986. Defendants’ Separate Statement of Undisputed Material Facts (“DUMF”) 1. The parties do not dispute the legal description as set forth in the deed conveying the property to the Burtons. DUMF 2.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

JUDITH M. HALL V. JAVIER JONATHAN ANTUNEZ, ET AL.

While plaintiff alleges that she is entitled to such fees as an element of special damages, Section 1021.4, by its express terms, provides that such fees are awardable on motion. The first cause of action is captioned as a claim for “negligence and negligence per se.”

  • Hearing

PACIFIC CITY BANK VS EUNYOUNG YOUN

ANALYSIS: The request for entry of default judgment is GRANTED in the amount of $143,079.72, as follows: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $119,227.87 $119,227.87 General Damages $0.00 $0.00 Special Damages $0.00 $0.00 Interest $19,653.00 $19,653.00 Costs $1,142.00 $1,142.00 Attorney's fees $3,056.85 $3,056.85 $143,079.72 $143,079.72

  • Hearing

SOUDER VS. O'CONNOR LAGUNA HILLS MORTUARY

Item 13 in the notice of motion challenges the propriety of the request for economic and special damages in the prayer to the first cause of action. The first cause of action does not allege “property damage,” even if plaintiff Souder paid $8300 to defendant for funeral and disposition services. Under Civ.

  • Hearing

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