Bryant Howard v. Jennifer Bohn

Motion: Default Prove Up
Tentative Ruling:
Prior to the prove-up hearing, plaintiff must dismiss DOEs 1-10. Plaintiff must also be prepared to sufficiently justify his request for pain and suffering damages. Explanation:
In defaults, California Rules of Court section 3.1800, subdivision (a)(7) requires a dismissal of all parties against whom judgment is not sought.
Here, plaintiff has not dismissed DOEs 1-10. They must be dismissed before judgment can be entered.
Pain and Suffering
A plaintiff is entitled to compensatory damages for physical pain and mental suffering that accompany or otherwise result from physical injury. These injuries constitute the principal elements of tort personal injury damage, and an award failing to compensate an injured plaintiff where pain and suffering was present is inadequate as a matter of law. (Capelouto v. Kaiser Foundation Hospitals (1972) 7 Cal.3d 889, 893.) Pain and suffering is a unitary ........