Judge: Armen Tamzarian, Case: 24STCV16218, Date: 2025-02-26 Tentative Ruling
Case Number: 24STCV16218 Hearing Date: February 26, 2025 Dept: 52
Order to Show Cause Re: Default Judgment
Plaintiff Anthony Bouyer brings an action against defendant MMH, LLC,
who has defaulted.
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 defendant MMH, LLC’s default on August 27, 2024. On December 4, 2024, the court granted
plaintiff’s request for an extension. More
than 45 days have passed. Plaintiff has
not applied for default judgment. The
court will therefore set an order to show cause re: why plaintiff should not pay $100 in sanctions under rule
3.110(h).
Disposition
The court hereby continues the order
show cause re: entry of default judgment to March 28, 2025, at 8:30 a.m. Plaintiff must file a complete default
judgment application including all documents listed in California Rules of
Court, rule 3.1800(a) no later than March 19, 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 28, 2025, at 8:30 a.m.