Department 58

Hearing Date: May 20, 2024

Case Name: Elenita Norales v. AllStaff HR Inc., et al.

Case No.: 23STCV20969

Motion: Request for Entry of Default Judgment

Moving Party: Elenita Norales

Responding Party: N/A

Tentative Ruling: The request for entry of default judgment is granted.

Background

On August 31, 2024, Elenita Norales (Plaintiff) filed a Complaint against her former employer, Tacos Super Gallito, AllStaff HR Inc., and AllStaff LLC, (collectively Defendants) for FEHA violations and other claims during her time as an employee. The motion now before the Court is Plaintiff’s Request for Entry of Default Judgment.

Discussion

California Rules of Court, rule 3.1800 provides that a party must use form CIV-100 and file the following documents with the clerk: (1) Except in unlawful detainer cases, a brief summary of the case identifying the parties and the nature of plaintiff's claim; (2) Declarations or other admissible evidence in support of the judgment requested; (3) Interest computations as necessary; (4) A memorandum of costs and disbursements; (5) A declaration of nonmilitary status for each defendant against whom judgment is sought; (6) A proposed form of judgment;

(7) 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; (8) Exhibits as necessary; and (9) A request for attorney fees if allowed by statute or by the agreement of the parties.

Here, Plaintiff meets all the requirements of Cal. Rules of Court Rule 3.1800. The CIV-100 has been fully and properly executed, including a declaration of nonmilitary status, a memorandum of costs, a dismissal of Does, a request for attorney’s fees as permitted by statute, and declarations and relevant exhibits. The attached Declaration of Azucena D. Portillo in Support of Plaintiff’s Request for Default Judgment (Portillo Decl. 1) provides interest computations and calculations for attorney’s fees. Finally, the declaration of mailing per Code Civ. Proc. §587 is completed, along with the Declaration of Azucena D. Portillo in Advance of Order to Show Cause (Portillo Decl. 2) that states the Summons and Complaint were served on September 29, 2023, shortly after the initial filing of the Complaint with the Court. (See Portillo Decl. 2, ¶2.)

Conclusion

Plaintiff’s Request for Entry of Default Judgment is granted.