Judge: Armen Tamzarian, Case: 20STCV09886, Date: 2022-12-05 Tentative Ruling

Please notify Department 52 via email at smcdept52@lacourt.org and indicate that the parties are submitting on the tentative ruling. Please provide the attorney's name and represented party. Please notify the opposing side via email if submitting on the Court's tentative ruling.

Case Number: 20STCV09886    Hearing Date: December 5, 2022    Dept: 52

Tentative Ruling

            Order to Show Cause Re: Entry of Default

California Rules of Court, rule 3.110(h) provides, “When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.  The court may issue an order to show cause why sanctions should not be imposed if that party fails to obtain entry of judgment against a defaulting party or to request an extension of time to apply for a default judgment within that time.”

The clerk entered the default of defendant Dollin Davis, as an individual and as the successor-in-interest to the Estate of Kenny Davis, on June 15, 2022.  The clerk entered the default of defendant KDB Restaurants, Inc., on July 21, 2022.  More than 45 days have passed.  Plaintiff Roberto Corleto has not filed a request for default judgment and has not requested an extension of time.

The court hereby sets an order to show cause why plaintiff Roberto Corleto should not pay sanctions of $250 under rule 3.110(h) for January 27, 2023, at 8:30 a.m.

The court hereby sets an order to show cause re: default judgment for January 27, 2023, at 8:30 a.m.