Judge: Armen Tamzarian, Case: 22STCV20163, Date: 2023-01-25 Tentative Ruling

Case Number: 22STCV20163    Hearing Date: January 25, 2023    Dept: 52

Order to Show Cause Re: Default Judgment Packet

Plaintiffs Rubia Del Carmen Flores, Gladys Romero, and Aurora Aldaco did not timely request entry of default judgment against defendant Magic Laundry Services, Inc.  “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).)

The clerk entered the default of defendant Magic Laundry Services, Inc. on September 27, 2022.  At the case management conference on October 27, 2022, plaintiffs requested an extension of time to apply for default judgment.  The court granted the request and set this hearing on January 25, 2023.  Plaintiffs have still not filed a request for default judgment.

When plaintiffs request default judgment, they must include:

1.      a CIV-100 form requesting court judgment by default;

2.      a brief summary of the case;

3.      evidence proving their damages;

4.      interest computations as necessary;

5.      a memorandum of costs;

6.      a proposed form of judgment; and

7.      a request for dismissal of defendants Does 1-100.

(Cal. Rules of Court, rule 3.1800(a).)

The court hereby continues the order to show cause re: default judgment packet to March 12, 2023, at 8:30 a.m.

The court hereby sets an order to show cause why plaintiffs should not pay sanctions of $100 under rule 3.110(h) for March 12, 2023, at 8:30 a.m.