Judge: Armen Tamzarian, Case: 23STCV00076, Date: 2025-01-30 Tentative Ruling

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Case Number: 23STCV00076    Hearing Date: January 30, 2025    Dept: 52

Order to Show Cause Re: Entry of Default Judgment;

            Plaintiff Salvador Lopez, Jr. requests court judgment by default against defendant Advance Pipe Bending, a business entity form unknown.  On September 9, 2024, the court denied plaintiff’s request for default judgment and ordered plaintiff to file a complete default judgment application no later than January 20, 2025.  Plaintiff did not do so.

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 defaults of defendants Advance Pipe Bending and Mitchell McCray on March 19, 2024.  Far more than 45 days have passed.  Plaintiff has not obtained default judgment against defendants.  The court will therefore set an order to show cause re: why plaintiff should not pay $100 in sanctions under rule 3.110(h).

Order to Show Cause Re: Dismissal

            The court will exercise its discretion to order plaintiff to show cause why the action should not be dismissed for delay in prosecution.  California courts have inherent power to dismiss civil cases for unreasonable, inexcusable delay in prosecution.” (Stephen Slesinger, Inc. v. Walt Disney Co. (2007) 155 Cal.App.4th 736, 758.)  California Rules of Court, rule 3.1340(a) provides, “The court on its own motion may dismiss an action under Code of Civil Procedure sections 583.410-583.430 for delay in prosecution if the action has not been brought to trial or conditionally settled within two years after the action was commenced against the defendant.”

Plaintiff commenced this action on January 3, 2023.  Plaintiff has neither brought the action to trial, conditionally settled the case, nor obtained judgment against defendants.  Plaintiff has not shown diligence in seeking to do so.  The court will therefore set an order to show cause re: dismissal.

Disposition

            Plaintiff Salvador Lopez, Jr.’s request for court judgment by default is denied.  The court hereby continues the order to show cause re: entry of default judgment to March 21, 2025, at 8:30 a.m.  Plaintiff shall file a complete default judgment application including all documents listed in California Rules of Court, rule 3.1800(a), no later than March 12, 2025.

The court hereby sets an order to show cause re: why plaintiff should not pay $100 in sanctions under rule 3.110(h) for March 21, 2025, at 8:30 a.m. 

The court hereby sets an order to show cause re: dismissal under rule 3.1340 for March 21, 2025, at 8:30 a.m.  Under California Rules of Court, rule 3.1340(b), the court directs the clerk to send notice of this hearing by mail.