Judge: Daniel M. Crowley, Case: 23STCV25397, Date: 2025-02-19 Tentative Ruling

Case Number: 23STCV25397    Hearing Date: February 19, 2025    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff’s default judgment packet is denied.

The Court sets a hearing on an order to show cause why the complaint should not be dismissed and/or Plaintiff sanctioned $250 for failing to enter default judgment (California Rule of Court, rule 3.110(h)) on March 28, 2025, at 8:30 AM in Department 71 at Stanley Mosk Courthouse for the following reasons:

1.    Requests for Entry of Default that were entered by the Court were not mailed to the same address where service was originally made for Eli’s Jewelry by Raffi, LLC, and Raffi Chorbajian.

2.    Plaintiff seeks punitive damages, but has not served the required notice of punitive damages (C.C.P. §425.115(f)) after default is entered.

3.    No CIV-100 request for Court Judgment completed as to all Defaulted Defendants with completed Cost Memo and declaration of non-military status.

4.    No JUD-100 submitted.

5.    No summary of the case.

6.    The request for court judgment does not properly seek an amount that is equal to or less than the amount sought in the complaint or C.C.P. §425.11 statement of damages.  (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].)

7.    Declaration in support of motion is not supported by evidence with proper foundation (i.e. no evidence provided of small business loan.)