Judge: Daniel M. Crowley, Case: 23STCV20206, Date: 2024-04-05 Tentative Ruling
Case Number: 23STCV20206 Hearing Date: April 5, 2024 Dept: 71
County of Los Angeles
DEPARTMENT
71
TENTATIVE RULING
|
BENJAMIN
KIM, et al., vs. JOHN
CHAE, et al. |
Case No.:
23STCV20206 Hearing
Date: April 5, 2024 |
The Court denies
Plaintiffs’ default judgment packet.
The
Court sets a hearing on an order to show cause why the complaint should not be
dismissed and/or Plaintiffs’ counsel sanctioned $250 for failing to enter
default judgment (California Rule of Court, rule 3.110(h)) on August 12, 2024,
at 8:30 AM in Department 71 at Stanley Mosk Courthouse for the following
reasons:
1.
No JUD-100 submitted for proposed
judgment.
2.
No interest calculation provided.
3.
The request for court judgment does not
properly seek an amount that is equal to or less than the amount sought in the
prayer of the complaint. (See, e.g.,
Falahati v. Kondo (2005) 127 Cal.App.4th 823, 830-831 [stating 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].)