Judge: Daniel M. Crowley, Case: 20STCV41931, Date: 2023-09-28 Tentative Ruling

Department 71: Attorneys who elect to submit on these published tentative rulings, without making an appearance at the hearing, may so notify the Court by communicating this to the Department's staff  via the Department's email: SMCdept71@lacourt.org before the set hearing time.  See, e.g., CRC Rule 324(b).   All parties are otherwise encouraged to appear by LACourtConnect for all matters.

Case Number: 20STCV41931    Hearing Date: September 28, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

The Court sets a hearing on an order to show cause why the complaint should not be dismissed and/or Plaintiff’s counsel sanctioned $250 for failing to enter default judgment (California Rule of Court, rule 3.110(h)) on October 31, 2023, at 8:30 AM in Department 71 at Stanley Mosk Courthouse for the following reasons:

1.     No request for Court Judgment on CIV-100 submitted to the Court. No declaration of nonmilitary status.

a.      Plaintiff attaches cost memorandum, but it is an incorrect form. The CIV-100 with the request for court judgment includes a cost memorandum on the second page of the document.

2.     Plaintiff seeks punitive damages but does not demonstrate he personally served the requisite statement of damages or notice of punitive damages. (C.C.P. §425.11(c) and 425.115.)

3.     Prayer for relief does not specify amount demanded, and JUD-100 damages are in excess of any amount.  (See, e.g., Falahati v. Kondo (2005) 127 Cal.App.4th 823, 830-831 [finding court acts in excess of its jurisdiction and the resulting default judgment is void if the court awards default judgment in an amount greater than that demanded in the complaint, including if the complaint does not specify the amount demanded].)