Judge: Daniel M. Crowley, Case: 22STCV32796, Date: 2024-09-03 Tentative Ruling

        All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter.  If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SMCDEPT71@lacourt.org. Do not click on the email address, either copy and paste it or type it into your email.  Include the word "SUBMITS" in all caps and the Case Number in the Subject line.  In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.


            Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may still appear at the hearing and argue the matter, and the court could change its tentative based upon the argument.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If you submit, but still intend to appear, include the words "SUBMITS, BUT WILL APPEAR" in the Subject line.    


            If you elect to argue your matter, you are urged to do so remotely, via Court-Connect. If the moving party fails to appear and/or submit to the Court’s tentative ruling, the Court will take the  matter off calendar.
                          
            Note that once the Court has issued a tentative, the Court has the inherent authority not to allow the withdrawal of a motion and to adopt the tentative ruling as the order of the court.   
 

            If you submitted a courtesy copy of your papers containing media (such as a DVD or thumb drive), unless you request the return of the media in your papers, the court will destroy it following the hearing of your matter.   

Case Number: 22STCV32796    Hearing Date: September 3, 2024    Dept: 71

Superior Court of California

County of Los Angeles

 

DEPARTMENT 71

 

TENTATIVE RULING

 

JENNIFER JOHNSON, 

 

         vs.

 

SIMONE BELLINGER, et al.

 Case No.:  22STCV32796

 

 

 

 Hearing Date:  September 3, 2024

 

The Court denies Plaintiff’s default judgment packet. 

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 November 7, 2024, at 8:30 AM in Department 71 at Stanley Mosk Courthouse for the following reasons:

1.     No request for court judgment (CIV-100).

 

2.     No proposed judgment (JUD-100).

 

3.     No DOEs dismissal.

 

4.     The address listed on the proof of personal service for Aaron J. Byrd and Robert Byrd, Jr., is incorrect. The address should read, “13003 Ruthelen Street Apt 1, Gardena, CA 90249.”

 

5.     The prayer for damages in the Complaint does not specify the amount of damages claimed.  (See, e.g., Falahati v. Kondo (2005) 127 Cal.App.4th 823, 830-831 [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].)