Judge: Armen Tamzarian, Case: 21STCV38709, Date: 2022-12-16 Tentative Ruling

Case Number: 21STCV38709    Hearing Date: December 16, 2022    Dept: 52

Order to Show Cause Re: Entry of Default Judgment

Plaintiff Harrah Logistics Group, Inc. has not timely requested (1) entry of default of all defendants who did not respond to the complaint, or (2) judgment against the defendants who have defaulted.

(1) Entry of Default

“If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed. The court may issue an order to show cause why sanctions should not be imposed if the plaintiff fails to timely file the request for the entry of default.” (Cal. Rules of Court, rule 3.110(g).)

Plaintiff Harrah Logistics Group, Inc. served summons on defendant Alcon Transport, Inc., on September 12, 2022. Alcon Transport, Inc. has not filed a responsive pleading, and more than 10 days have elapsed since its deadline. Plaintiff has not yet requested entry of Alcon Transport, Inc.’s default.

(2) Default Judgment

“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).)

On January 10, 2022, the clerk entered the defaults of defendant Alcon 3PL, Inc., doing business under the fictitious business names of Certain Supply, Alcon Transport, and Alcon Warehousing; and defendant Pablo Mendoza, individually and doing business under the fictitious business names of Alcon 3PL, Alcon Transport, Alcon Warehousing, and Certain Supply.

More than 45 days have passed since the clerk entered their defaults. Plaintiff Harrah Logistics Group, Inc. has not filed a request for default judgment and has not requested an extension of time.

Disposition

The court hereby sets an order to show cause why plaintiff Harrah Logistics Group, Inc. should not pay $250 in sanctions under rule 3.110(g) and (h) for February 17, 2023, at 8:30 a.m.

The order to show cause re: entry of default judgment is hereby continued to February 17, 2023, at 8:30 a.m.