Judge: Armen Tamzarian, Case: 23STCV20205, Date: 2024-01-05 Tentative Ruling

Case Number: 23STCV20205    Hearing Date: March 15, 2024    Dept: 52

Order to Show Cause Re: Entry of Default Money Judgment

            Plaintiff Foothill Capital Group, LLC brings an unlawful detainer action against defendant Alvaro M Luna aka Alvaro Ramiro Montesinos Luna.  Defendant defaulted.  Plaintiff obtained clerk’s judgment for possession of the property on September 28, 2023.  In addition to possession, plaintiff’s complaint also prayed for damages.  (Comp., ¶ 19.)  Plaintiff has not requested a money judgment for its damages. 

On January 5, 2024, the court held a hearing on this order to show cause re: entry of default money judgment.  The court found plaintiff had not timely applied for a default judgment for the money demanded in its complaint.  On February 9, 2024, the court held another hearing on the order to show cause re: entry of default money judgment.  Plaintiff has filed nothing since then.  It has neither applied for a money judgment nor requested an extension of time to do so. 

Since filing the complaint, plaintiff has done nothing to indicate it seeks the money it prayed for.  The court therefore will discharge this order to show cause and hold no further hearings.  The case is disposed of via clerk’s judgment for possession.  If plaintiff seeks the money its complaint prayed for, it must reserve a hearing date and file a noticed motion to obtain a money judgment.  Otherwise, this action is fully adjudicated.

The order to show cause re: entry of default money judgment is hereby discharged.