Judge: Daniel M. Crowley, Case: 24STCV13987, Date: 2025-03-04 Tentative Ruling

Case Number: 24STCV13987    Hearing Date: March 4, 2025    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

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 May 21, 2025, at 8:30 AM in Department 71 at Stanley Mosk Courthouse for the following reasons:

1.     Plaintiff has not served the required statement of damages or notice of punitive damages (C.C.P. §§425.11(c) and 425.115(f)) on defaulted defendants after entry of default.

2.     Exhibits attached to Plaintiff’s declaration, the Los Angeles Police Department Investigative Report and various medical records, do not have sufficient foundation to make such documents admissible evidence in support of Plaintiff’s claim for damages.

3.     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].)