Judge: Armen Tamzarian, Case: 23STCV09164, Date: 2024-04-03 Tentative Ruling

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Case Number: 23STCV09164    Hearing Date: April 3, 2024    Dept: 52

Order to Show Cause Re: Default Judgment

Plaintiff Travelers Property Casualty Company of America requests clerk’s judgment against defendant Culichitown Restaurants, Inc., a California corporation.  A clerk’s judgment is appropriate in this action for breach of contract “for the recovery of money or damages only.”  (CCP § 585(a); see Holloway v. Quetel (2015) 242 Cal.App.4th 1425, 1432.)  Plaintiff meets all requirements for clerk’s judgment.

Plaintiff did not, however, request dismissal of defendants Does 1-10.  A request for default judgment must include “[a] dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment.”  (Cal. Rules of Court, rule 3.1800(a)(7).)  Plaintiff does not seek default judgment against the Doe defendants.  They therefore must be dismissed. 

The court hereby dismisses defendants Does 1-10 without prejudice.

The court hereby grants plaintiff’s request for default judgment.  The clerk shall sign the proposed judgment plaintiff submitted on form JUD-100.