Judge: Elaine Lu, Case: 23STCV10014, Date: 2024-03-05 Tentative Ruling

Case Number: 23STCV10014    Hearing Date: March 5, 2024    Dept: 26

The default judgment submitted on January 26, 2024 is DENIED for the following reasons:

Plaintiff has not properly requested an entry of default judgment on a CIV-100 form requesting Court judgment as required under the Rules of Court, Rule 3.1800.

Plaintiff has failed to submit sufficient evidence to support the amount of wrongful termination post-termination loss of earnings ($42,480) that Plaintiff seeks.  From the evidence presented, it is unclear how Plaintiff arrived at this figure.  If Plaintiff has any additional evidence pertaining as to the post-termination loss of earnings claim that Plaintiff seeks, Plaintiff may submit it together with a new default judgment package.

Plaintiff’s claim for statutory wait time damages should include the calculations used to reach such an amount.  From the evidence presented, it is unclear how Plaintiff arrived at the current figure. 

Plaintiff has failed to submit sufficient evidence to support the amount of emotional distress damages ($150,000) that Plaintiff seeks. If Plaintiff has any additional evidence pertaining to the amount of emotional distress damages that Plaintiff seeks, Plaintiff may submit it together with a new default judgment package.

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, including an itemized statement of the services rendered or to be rendered. Plaintiff must either: (1) submit a new request for default judgment (CIV-100) and new proposed judgment (JUD-100) with an amount of attorney’s fees calculated in accordance with LASC Rule 3.214 or (2) submit evidence and briefing justifying a greater amount of attorney’s fees than the calculation pursuant to LASC Rule 3.214.

No later than April 9, 2024, Plaintiff is to submit a new default judgment package correcting these defects.  Failure to do so may result in the imposition of sanctions, including monetary sanctions and/or dismissal. The OSC re entry of default judgment is continued to April 18, 2024 at 8:30 am.

Court Clerk to give notice.