Judge: Elaine Lu, Case: 21STCV30264, Date: 2022-12-23 Tentative Ruling

Case Number: 21STCV30264    Hearing Date: December 23, 2022    Dept: 26

21STCV30264

The Request for Entry of Default Judgment submitted on 11/29/22 is rejected for the following reasons:

 Nonmilitary Status Declaration Not Signed

A request for Default Judgment must include a signed Nonmilitary status declaration.  (50 U.S.C. § 3931.)  The declaration section of the CIV-100 at section 8 is not signed.  Therefore, default judgment cannot be entered.  (Cal. Rules of Court, Rule 3.1800(a)(5).) 

Dismissal of Doe Defendants

No request for dismissal (Judicial Council Form No. CIV-110) has been filed for all remaining named and unnamed defendants (including all un-served Doe defendants).  Plaintiff must file a CIV-110 as to all unnamed Doe defendants.

Costs are Improperly Requested

The CIV-100 at section 7(f) states that costs and disbursements are waived.  If costs and disbursements are waived, Plaintiff has waived and therefore cannot claim the $4,512.50 listed as costs in section 2 of the CIV-100 and section 6(a)(4) of the JUD-100.  Moreover, the amounts listed in section 7 of the CIV-100 ($435.00 filing fees and $419.50 process server fees) do not support the $4,512.50 of costs requested in section 2 of the CIV-100 and section 6(a)(4) of the JUD-100.  Section 7 of the CIV-100 lists costs of only $854.50. All costs must be listed in the memorandum of costs at section 7 of the CIV-100.  The improper inclusion of costs hidden in 15 pages of attorney fee records in the declaration of Sean A. Topp is improper.  Moreover, the amount listed is not supported by the declaration because Plaintiff has improperly calculated costs.  Thus, Plaintiff should submit a corrected CIV-100 (with a corrected section 2) and a corrected JUD-100 (with a corrected section 6(a)(4)).

Attorney’s Fees claimed are Unsupported

Plaintiff’s request for attorney’s fees is not calculated in accordance with LASC Rule 3.214.  Nor is Plaintiff’s request for attorney’s fees supported by a declaration explaining why a greater amount should be awarded.  Defaulting defendants have not contested or otherwise been involved in the instant action.  Thus, the claim for 63.6 hours is unwarranted.  Thus, Plaintiff should submit a corrected request for default judgment and proposed judgment in the amount of $5,922.46 of attorney’s fees.

Within two weeks, Plaintiff is to file a corrected default judgment package correcting the defects identified above.

The OSC re entry of default judgment is continued to January 20, 2023 at 8:30 am.

The Court’s Judicial Assistant is to give notice to Plaintiff, and Plaintiff is ordered to give notice to all parties who have appeared in this action.