Judge: Elaine Lu, Case: 19STCV15991, Date: 2023-09-05 Tentative Ruling
1. If you wish to submit on the tentative ruling,
please email the clerk at SMCdept26@lacourt.org (and “cc” all
other parties in the same email) no later than 7:30 am on
the day of the hearing, and please notify all other parties in advance that you
will not be appearing at the hearing. Include the word "SUBMISSION" in all caps in the
subject line and include your name, contact information, the case number, and
the party you represent in the body of the email. If you submit on the
tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the motion, and the Court may
decide not to adopt the tentative ruling.
2.
For any motion where no parties submit to the tentative ruling in
advance, and no parties appear at the motion hearing, the Court may elect to
either adopt the tentative ruling or take the motion off calendar, in its
discretion.
3. PLEASE DO NOT USE THIS
EMAIL (SMCdept26@lacourt.org) FOR ANY PURPOSE OTHER THAN TO SUBMIT TO A TENTATIVE
RULING. The Court will not read or
respond to emails sent to this address for any other purpose.
4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS. Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.
Case Number: 19STCV15991 Hearing Date: January 25, 2024 Dept: 26
The Request for Entry
of Default Judgment submitted on 11/28/24 is denied without prejudice for the
following reasons:
Plaintiff has failed to demonstrate why the
Court should impose liability jointly and severally as to each and every defaulted
defendant. Plaintiff must either clarify
why all defendants should be held jointly and severally liable with each other
as to all amounts of damages or submit two separate judgments (one for
$653,846.86 against Defendants Michael Stokes and PPB Engineering &Systems
Design, Inc. jointly and severally and a second, separate judgment for $942,047.85
against Defendants Lion Den, LLC and Constantina Frial jointly and severally.
If Plaintiff proceeds with the latter option,
the Court requests that Plaintiff email an electronic Word version of the
proposed judgments to Department 26. Plaintiff
should cc all other parties in this action who have appeared on the email to
avoid any ex parte communication.
Plaintiff should submit a new default
judgment correcting these defects within three weeks. The OSC re entry of default judgment is
continued to February 27, 2024 at 8:30 am.
Court Clerk to give notice.