Judge: Armen Tamzarian, Case: 21STLC02052, Date: 2023-02-17 Tentative Ruling
Case Number: 21STLC02052 Hearing Date: February 17, 2023 Dept: 52
Order to Show Cause Re:
Entry of Default and Default Judgment; Order to Show Cause Re: Why Plaintiff
Should Not Pay $250 in Sanctions Under Rule 3.110(h)
On December 15, 2022, the court held a case
management conference and a hearing on this order to show cause re: entry of
default and default judgment. Plaintiff Connect By American Family has filed
no papers since then.
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 Isaiah U
Valle on September 15, 2022. Over
150 days have passed. Plaintiff
Connect By American Family has not filed a request for default judgment and has
not filed a response to the order to show cause re: sanctions.
Under rule 3.110(h), the court hereby orders
plaintiff Connect By
American Family to pay $150 in sanctions to the court within 30 days.
The court hereby continues the
order to show cause re: entry of default and default judgment to April 13,
2023, at 8:30 a.m.