Judge: Armen Tamzarian, Case: 23STCV06357, Date: 2024-01-29 Tentative Ruling

Please notify Department 52 via email at smcdept52@lacourt.org and indicate that the parties are submitting on the tentative ruling. Please provide the attorney's name and represented party. Please notify the opposing side via email if submitting on the Court's tentative ruling.

Case Number: 23STCV06357    Hearing Date: January 29, 2024    Dept: 52

Order to Show Cause Re: Default Judgment

Cross-complainant The North River Insurance Company requests court judgment by default against cross-defendants J T E C Corporation (JTEC) and Brian Olshever.

When requesting entry of defaults against JTEC and Olshever on October 17, 2023, cross-complainant completed the declaration of mailing on both requests.  (Form CIV-100, § 6.)  Cross-complainant did not, however, complete the declaration of mailing on its request for entry of default judgment.  Doing so is required.  “An application by a plaintiff for entry of default… shall include an affidavit stating that a copy of the application has been mailed to the defendant’s attorney of record or, if none, to the defendant at his or her last known address and the date on which the copy was mailed.”  (CCP § 587.)  “[A]ppellate courts and treatises have interpreted the phrase ‘application ... for entry of default’ in Code of Civil Procedure section 587 to include applications for entry of a default judgment.”  (Bae v. T.D. Service Co. of Arizona (2016) 245 Cal.App.4th 89, 108, fn. 15, ellipsis in original.)  The court therefore will continue this hearing and require cross-complainant to submit a completed declaration of mailing.

The court hereby continues the order to show cause re: default judgment to March 1, 2024, at 8:30 a.m.  Cross-complainant The North River Insurance Company is ordered to file a new form CIV-100 requesting entry of default judgment with a completed declaration of mailing to cross-defendants J T E C Corporation and Brian Olshever no later than February 19, 2024.