Judge: Armen Tamzarian, Case: 20STCV12591, Date: 2023-08-10 Tentative Ruling

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Case Number: 20STCV12591    Hearing Date: September 29, 2023    Dept: 52

Default Prove Up Hearing

            Plaintiff Edina Higgins, as Trustee of the Cassielean Irene Higgins Trust, seeks court judgment by default against defendants Darling Consumer Services, LLC, Greenstep Solutions, LLC, and Lauri H. Stephens. 

On August 10, 2023, the court ordered plaintiff to (1) either dismiss or request the defaults of the unknown defendants named under Code of Civil Procedure section 726.060(a), and (2) submit a proposed judgment on pleading paper.  Plaintiff has not done any of the above.

The court exercises its discretion to set an order to show cause regarding sanctions.  “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.”  (Cal. Rules of Court, rule 3.110(h).)

Disposition

The court hereby sets an order to show cause re: why plaintiff should not pay $150 in sanctions under rule 3.110(h) for December 1, 2023, at 8:30 a.m.

The court hereby continues the default prove up hearing to December 1, 2023, at 8:30 a.m.