Judge: Armen Tamzarian, Case: 25STCV01063, Date: 2025-05-19 Tentative Ruling

Case Number: 25STCV01063    Hearing Date: May 19, 2025    Dept: 52

Non-Appearance Case Review Re: Default Judgment

Plaintiff Travis Rounds requests court judgment by default against defendant PetCube, Inc.  The court will deny the request for two reasons. 

First, plaintiff did not request dismissal defendants Does 1-25.  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.  Plaintiff therefore must dismiss them.

Second, the court rejects plaintif’s proposed judgment.  It includes the following permanent injunction: “Defendant is enjoined from using the TikTok Software on its Website and is to disgorge all Plaintiff’s data provided to TikTok through the TikTok Software.”  (Prop. Judgment, ¶ 1.)  Courts have broad discretion regarding injunctive relief.  (Palo Alto-Menlo Park Yellow Cab Co. v. Santa Clara County Transit Dist. (1976) 65 Cal.App.3d 121, 132.)  Penal Code section 637.2, subdivision (b) permits injunctive relief but does not mandate it when a plaintiff prevails.  The court further notes it is unclear how defendant could “disgorge” data it provided to another party—particularly one that is far more powerful than defendant and that allegedly “collaborat[es] with the Chinese government” in collecting users’ data.  (Comp., ¶ 19.)  The court will not issue an injunction requiring defendant to do something it likely cannot do.  (See Civ. Code, § 3531 [“The law never requires impossibilities”].)  The court will exercise its discretion not to issue a permanent injunction.  The court also prefers a proposed judgment on California Judicial Council form JUD-100. 

Plaintiff Travis Rounds’s request for default judgment is denied without prejudice.

The court hereby sets an order to show cause re: default judgment on June 12, 2025, at 8:30 a.m.  Plaintiff shall file a request for dismissal of defendants Does 1-25 and a revised proposed judgment no later than June 5, 2025.