Judge: Bruce G. Iwasaki, Case: 20STCV48986, Date: 2023-03-23 Tentative Ruling

Case Number: 20STCV48986    Hearing Date: March 23, 2023    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:              March 23, 2023

Case Name:                 Mariana Cortez v. BAH California, Inc.

Case No.:                    20STCV48986

Matter:                        Order to Show Cause Re: Entry of Default Judgment as to Defendant BAH California, Inc.

Moving Party:             None

Responding Party:      None

Tentative Ruling:      Plaintiff is ordered to update the Court the status of her default judgment packet against Defendant BAH California, Inc.

Background and procedural history

            On December 23, 2020, Plaintiff Mariana Cortez filed this employment law action BAH California, Inc. dba Church’s Chicken #957 (“BAH”), and Does 1 through 50. On May 20, 2021, Plaintiff amended the Complaint to substitute Best American Hospitality Corporation (“BAHC”) for the defendant fictitiously sued as Doe 1. The First Amended Complaint (“FAC”) filed on May 7, 2021, alleges causes of action for (1) discrimination based on actual or perceived disability, (2) failure to accommodate, (3) failure to engage in a good faith and timely interactive process, (4) failure to prevent discrimination, (5) retaliation, (6) wrongful discharge, and (7) wrongful termination in violation of public policy.

On October 1, 2021, default was entered against BAH.

            On November 10, 2021, the Court (a) ordered Plaintiff to submit a default judgment packet by November 30, 2021, and (b) set an Order to Show Cause Re: Entry of Default Judgment (“OSC”) for December 9, 2021.

            On December 9, 2021, Plaintiff’s counsel informed the Court that BAH had filed for bankruptcy and, therefore, the Court scheduled the OSC for March 4, 2022.

On December 28, 2021, BAH filed a Notice of Stay of Proceedings pending its bankruptcy proceeding. On October 25, 2022, Plaintiff’s counsel updated the Court that BAH’s bankruptcy case has been closed.

            On December 9, 2022, the Court lifted the bankruptcy stay.

            On January 5, 2023, the Court dismissed the FAC against BAHC, after granting the defendant’s Motion to Quash Service of Summons. The Court then set the OSC as to BAH for March 23, 2023.

BAH is the only remaining defendant.

Discussion

             “Plaintiffs in a default judgment proceeding must prove they are entitled to the damages claimed.” (Barragan v. Banco BCH (1986) 188 Cal.App.3d 283, 302, citing Code Civ. Proc., § 585 & Taliaferro v. Hoogs (1963) 219 Cal.App.2d 559, 560.) 

            Here, Plaintiff has not submitted any default judgment packet against BAH California, Inc., despite obtaining a default against the defendant in 2021.

            Therefore, Plaintiff is ordered to update the Court the status of the default judgment packet at the hearing.