Judge: Elaine Lu, Case: 23STCV24055, Date: 2024-02-05 Tentative Ruling

Case Number: 23STCV24055    Hearing Date: February 5, 2024    Dept: 26

Plaintiff has filed proof of service of the Summons and Complaint as to certain defendants who have not responded though the time for them to file a responsive pleading has lapsed, including Brian Wayne Foster.

3/5/24 at 8:30 am - OSC re sanctions for entry of default.  Plaintiff’s Counsel is ordered to appear on 3/5/24 at 8:30 am and explain why sanctions (including monetary sanctions of at least $500 and/or dismissal) should not be imposed for failure to cause entry of default as to all served defendants who have not responded.

If defaults have not all been entered at that time, then no later than five days before the OSC hearing, Plaintiff’s Counsel is also to file a declaration explaining the failure to obtain entry of defaults as to all served defendants who have not responded and explaining any and all efforts undertaken to seek their defaults. 

The Case Management Conference is continued to 3/5/24 at 8:30 am.

Failure of Plaintiff’s Counsel to appear at the next hearing will be deemed by the court to be Plaintiff’s consent to dismiss the entire case.