Judge: Armen Tamzarian, Case: 22STCV37955, Date: 2023-11-09 Tentative Ruling

Case Number: 22STCV37955    Hearing Date: January 12, 2024    Dept: 52

Order to Show Cause Re: Entry of Judgment

Plaintiff Essex Portfolio, L.P. brought an unlawful detainer action against defendant Young Gyu Park.  On March 24, 2023, the clerk entered default judgment against defendant for possession of the premises.  The court set this order to show cause regarding entry of judgment for money damages. 

On November 16, 2023, plaintiff requested dismissal of the entire action without prejudice.  The clerk rejected plaintiff’s request because clerk’s judgment had already been entered.  A plaintiff may lose the right to voluntarily dismiss an action that “ ‘has proceeded to a determinative adjudication, or to a decision that is tantamount to an adjudication.’ ”  (Bank of America, N.A. v. Mitchell (2012) 204 Cal.App.4th 1199, 1209.)  Entry of clerk’s judgment for possession of the premises constitutes a determinative adjudication of this action. 

Obtaining a clerk’s judgment for possession of the premises, however, does not require plaintiff to proceed to obtain a money judgment for damages also.  Plaintiff may choose not to pursue its prayer for damages.  The court therefore will construe plaintiff’s request for dismissal as waiving its claim for damages without prejudice.

The court hereby discharges the order to show cause re: entry of judgment.  The court’s records shall reflect that this case was disposed of by default judgment for possession of the premises on March 24, 2023.