Judge: Bruce G. Iwasaki, Case: 21STCV43281, Date: 2022-10-05 Tentative Ruling



Case Number: 21STCV43281    Hearing Date: October 5, 2022    Dept: 58

JUDGE BRUCE G. IWASAKI

DEPARTMENT 58

 

Hearing Date:             October 5, 2022

Case Name:                Berj Parseghian, in the public interest v. Atha, Inc. et al.

Case No.:                    21STCV43281

Matter:                        Request for Entry of Default Judgment

Moving Party:             Plaintiff Berj Parseghian

Responding Party:      Unopposed

Default Entered:         September 30, 2022

 

TENTATIVE RULING

 

The Default Judgment Application is denied without prejudice.  The hearing is continued to a later date to be determined at the hearing for Plaintiff to submit supporting documentation.

 

STATEMENT OF CASE

 

            This is an action for violation of Health and Safety Code section 25249.6 et seq.  Berj Parseghian (Plaintiff) alleges that Defendant Atha, Inc. manufactured Cassava Tortilla Chips, which contained lead chemicals.  Plaintiff seeks damages in the amount of $2,500.00 per day for each violation of Proposition 65 and enjoinment of the sale of the products.

 

DISCUSSION

 

Plaintiff has not submitted any declarations, dismissed the “Doe” defendants, or provided a proposed judgment.  The request should be supplemented with the documents and requirements listed under California Rules of Court, rule 3.1800(a)(1)-(9).  Accordingly, the request is denied without prejudice.