Judge Bruce G. Iwasaki, Case Number: 23STCV31555, Date: 2024-07-15 Tentative Ruling

Tentative Ruling: Plaintiff’s Default Judgment Application is denied without prejudice.

This is an action arising from alleged wrongful actions taken against Plaintiff Jose Meza Torres (“Plaintiff”) pertaining to his employment with Defendant CBW Doors, Inc. (“Defendant”). On December 27, 2023, Plaintiff filed a Complaint against Defendant and Does 1 through 100, inclusive, alleging 10 causes of action for, among other causes of action, failure to accommodate, failure to pay wages, and waiting time penalties.

On June 24, 2024, Plaintiff filed a default judgment application in which Plaintiff seeks the entry of default judgment against Defendant. Also, on such date, Does 1 to 100 were dismissed from this action without prejudice.

California Rules of Court, Rule 3.1800 sets forth the requirements for default judgments. In pertinent part, the rule dictates 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. (Cal. Rules of Court, Rule 3.1800(a)(1)-(9).)

The Court finds that Plaintiff has failed to meet the requirements of California Rules of Court, Rule 3.1800 in order to obtain entry of default judgment against Defendant. Plaintiff has failed to file a Request for Court Judgment form (CIV-100). Plaintiff has also failed to substantiate the requested damages of $183,190.00 as no exhibits are attached to the declaration of Plaintiff. In fact, no exhibits were filed in support of the default judgment application. Additionally, Plaintiff has not provided a signed memorandum of costs and disbursements although Plaintiff is seeking costs. Moreover, the Court notes that there was no proof of service filed showing that Defendant was served with the default judgment application or Plaintiff’s notice of intent to obtain punitive damages. As such, Plaintiff’s default judgment application is deficient.

Department 58