Judge: Armen Tamzarian, Case: 22STCV03225, Date: 2022-10-27 Tentative Ruling

Case Number: 22STCV03225    Hearing Date: October 27, 2022    Dept: 52

No. 2 Creditors Adjustment Bureau, Inc. v. Bella Luna Day Spa, Inc., et al. 22STCV03225 10/27/22

1. OSC Re: Entry of Default 2. OSC Re: Failure to File Proof of Service on Defendants Habti and Mohamed Sabah Jr.

Notice: n/a

Tentative: (1) Vacate OSC; (2) Continue

1/26/22: Plaintiff Creditors Adjustment Bureau, Inc. filed a complaint against defendants Bella Luna Day Spa, Inc. dba Bella Luna Day Spa Inc adba Hammam Luna aka Bella Luna Day Spa; Nadia Habti; Mohamed Mahamoud Sabah Jr. aka Mohamed Sabah and Does 1-10 for:

# Cause of Action Against

1 Breach of Contract Bella Luna Day Spa

2 Personal Guarantees Habti and Sabah

Plaintiff is the assignee of nonparty City National Bank. The bank provided a “basic business builder loan” and a credit card to Bella Luna Day Spa. Bella Luna owes $14,970.56 on the business loan and $12,682.61 on the credit card. Habti and Sabah signed personal guarantees.

Update

On October 7, 2022, the court denied plaintiff’s request for default judgment without prejudice and vacated the defaults of defendants Habit and Sabah.

Plaintiff has filed nothing new since then.

Tentative Ruling

Order to Show Cause Re: Default Judgment; Order to Show Cause Re: Failure to File Proof of Service

On October 7, 2022, the court vacated the defaults of defendants Nadia Habti and Mohamed Sabah, Jr. The court also set this order to show cause re: failure to file proof of service on Habti and Sabah. Plaintiff Creditors Adjustment Bureau, Inc. has not filed proofs of service or any other papers since October 7.

The order to show cause re: default judgment is hereby vacated.

The order to show cause re: failure to file proof of service is hereby continued to November 30, 2022, at 8:30 a.m.