Judge: Elaine Lu, Case: 23STCV16506, Date: 2024-01-25 Tentative Ruling

Case Number: 23STCV16506    Hearing Date: January 25, 2024    Dept: 26

23STCV16506 (Garcia) Default Judgment Rjxn 1.25.24 Partial Review

The Request for Entry of Default Judgment submitted on 12/12/24 is denied without prejudice for the following reasons:

On January 24, 2024, Plaintiff filed a First Amended Complaint. 

By operation of law, Plaintiff's filing of an amended complaint has reopened all previously entered defaults (based on a prior complaint).

Plaintiff must serve the amended complaint and amended summons on all named Defendants (via personal service, substitute service, notice + acknowledgment, or publication etc.).   Service of the amended complaint and amended summons by mail on defendants who have never appeared in this action is insufficient.

If Defendant fails to timely file a responsive pleading following proper service of the amended complaint and amended summons, Plaintiff may seek Defendant’s default on the amended complaint.

The Court hereby sets an OSC re proof of service of the amended summons and first amended complaint for February 27, 2024 at 8:30 am.

Court Clerk to give notice.