Judge: Bruce G. Iwasaki, Case: 22STCV01714, Date: 2023-02-24 Tentative Ruling

Case Number: 22STCV01714    Hearing Date: February 24, 2023    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             February 24, 2023

Case Name:                Chaehoon Song et al. v. Leslie Wall et al.

Case No.:                    22STCV01714

Matter:                        Default Judgment Application

Moving Party:             Plaintiffs Chaehoon Song and Booyeon Song

This is a breach of contract and fraud action in which Plaintiffs allege that Defendants improperly used the Property as transitional housing and failed to pay rent.  After several discovery sanctions, this Court struck all Defendants’ Answers and entered default on January 5, 2023.  Plaintiffs now move for default judgment.

            Plaintiffs are ordered to comply with California Rules of Court, rule 3.1800(a) in submitting a default judgment package, which includes using form CIV-100.  This ensures compliance with various provisions under that rule, including a memorandum of costs and declarations of nonmilitary status.

            In addition, Plaintiffs request $792,000 in damages.  However, under Code of Civil Procedure section 425.115, subdivision (f), Plaintiffs are required to “serve the statement [of damages] upon the defendant pursuant to this section before a default may be taken, if the motion for default judgment includes a request for punitive damages.”  There is no indication that this was done.

            Accordingly, the Court will continue this matter at the hearing at a time that is agreeable to Plaintiffs to remedy the above issues.