Judge: Douglas W. Stern, Case: 19STCV46718, Date: 2023-01-25 Tentative Ruling

Case Number: 19STCV46718    Hearing Date: January 25, 2023    Dept: 68

Jeffrey Benton vs. Richard Rifkin, case no. 19STCV46718

Order to Show Cause re Entry of Judgment

Plaintiff filed this action on December 30, 2019 against Defendant Richard Rifkin.  Rifkin filed a demurrer on Feb. 14, 2020.  However, it was ordered off-calendar on August 3, 2020 due to a lack of proof of service.  Thereafter, on June 29, 2022 default was entered against Rifkin.

Plaintiff is now requesting Default Judgment against Defendant Rifkin in the amount of $14,400.00. This action stems from Defendant’s failure to make payments to Plaintiff on a $15,000 promissory note.

In Plaintiff’s Default Judgment package, Plaintiff has not included a proposed form of judgment or form JUD-100, as required by Cal. Rules of Ct 3.1800(a)(6).

It also appears that Plaintiff has not dismissed the Does that were listed in the original complaint, as is required by Cal. Rules of Ct 3.1800(a)(7).

Finally, and most importantly, there is not a clear calculation of the $6,400 requested in interest. Further, the showing on the mathematical calculation is not sufficient. The package must include not only the declaration setting forth the basis for imposing liability but also a detailed calculation of the debt, much like an account statement showing the date of each amount, credits and debits, interest calculations, etc.

Accordingly, the Court cannot grant Default Judgment while these issues persist.

The Order to Show Cause re Entry of Default Judgment is continued to allow Plaintiff to remedy the defects noted.