Judge: Daniel M. Crowley, Case: 24STCV25709, Date: 2025-04-11 Tentative Ruling

Case Number: 24STCV25709    Hearing Date: April 11, 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 June 5, 2025, at 8:30 AM in Department 71 at Stanley Mosk Courthouse for the following reasons:

1.     The agent for service according to the Delaware Secretary of State Website is Harvard Business Services, Inc., with an address located in Delaware.  Instead, Plaintiff served an individual named Kathryn O’Malley at an address in Benecia, California.

2.     The request for court judgment does not properly seek an amount that is equal to or less than the amount sought in the complaint’s prayer for damages.  (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].)

3.     Plaintiff’s declaration does not provide support for request for damages or adequate, authenticated foundation of exhibits in support of the request for damages.

4.     Plaintiff fails to establish the statutory basis for the requested attorneys’ fees.  (C.C.P. §1033.5(a)(10).)