Judge: Douglas W. Stern, Case: 21STCV45076, Date: 2022-08-29 Tentative Ruling

Case Number: 21STCV45076    Hearing Date: August 29, 2022    Dept: 52

Tentative Ruling

            Order to Show Cause Re: Default Judgment; Order to Show Cause Re: Sanctions for Failure to Submit Default Packet

            On July 18, 2022, the court set this order to show cause re: sanctions for failure to submit an application for default judgment. 

California Rules of Court, rule 3.110(h) provides:

When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.  The court may issue an order to show cause why sanctions should not be imposed if that party fails to obtain entry of judgment against a defaulting party or to request an extension of time to apply for a default judgment within that time.

The clerk entered the default of defendant Erik Zepeda Castaneda on February 14, 2022.  Over 45 days have passed.  Plaintiff Weber & Associates, Inc. has not filed a request for default judgment or a request for extension of time.  Plaintiff shows no good cause why sanctions should not be imposed.  The court finds it appropriate to impose a modest monetary sanction.

Plaintiff Weber & Associates, Inc. is ordered to pay $100 in sanctions under California Rules of Court, rule 3.110(h) within 20 days.

Plaintiff is ordered to file a request for default judgment and all other documents required under California Rules of Court, rule 3.1800(a) by October 17, 2022. 

The order to show cause re: default judgment is hereby continued to October 26, 2022, at 8:30 a.m.