Judge: Armen Tamzarian, Case: 21STCV44242, Date: 2023-01-10 Tentative Ruling

Case Number: 21STCV44242    Hearing Date: January 10, 2023    Dept: 52

Order to Show Cause Re: Entry of Default and Default Judgment

Plaintiff Shane Perel-Wertman filed proof of service of the first amended complaint on defendant Liza Perel by personal service on November 15, 2022.  Defendant’s deadline to serve a responsive pleading therefore was December 15, 2022. 

Defendant has not filed a responsive pleading.  “If a responsive pleading is not served within the time limits specified … 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.”  (Cal. Rules of Court, rule 3.110(g).) 

Plaintiff timely requested entry of defendant’s default on December 20, 2022.  The clerk, however, rejected the request.  Plaintiff again requested default on December 28, and the clerk also rejected that request.  Plaintiff must correct the defects described in the clerk’s notice of rejection.

The order to show cause re: entry of default and default judgment is hereby continued to February 21, 2023, at 8:30 a.m.