Judge: Armen Tamzarian, Case: 21STCV11740, Date: 2023-01-11 Tentative Ruling

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Case Number: 21STCV11740    Hearing Date: January 11, 2023    Dept: 52

(1) Plaintiff Newrez LLC d/b/a Shellpoint Mortgage Servicing’s Request for Default Judgment Against Defendant Nancy A. Nign; (2) Order to Show Cause Re: Sanctions for Failure to Obtain Default Judgment

The last hearing on this matter was October 8, 2021, about 15 months ago.  The court denied plaintiff Newrez LLC d/b/a Shellpoint Mortgage Servicing’s request for default judgment because of a minor defect.  Plaintiff had not submitted the original loan contract for cancellation or a declaration explaining why it is unavailable.  (Cal. Rules of Court, rule 3.1806; Local Rule 3.204.) 

At the prior hearing, the court set this order to show cause re: sanctions under California Rules of Court, rule 3.110(h), which requires a plaintiff to obtain default judgment within 45 days of the defendant’s default.

Plaintiff has not filed anything since the last hearing 15 months ago.  A year and a half have passed since the clerk entered defendant Nancy A. Nign’s default.   

Under California Rules of Court, rule 3.110(h), the court hereby imposes $150 in sanctions against plaintiff Newrez LLC d/b/a Shellpoint Mortgage Servicing.  Plaintiff must pay the court the sanctions within 14 days.

Plaintiff is ordered to file a revised default packet to address the defect described above no later than February 1, 2023.

The default prove up hearing is hereby continued to February 10, 2023, at 8:30 a.m.