Judge: Frank M. Tavelman, Case: 23BBCV02299, Date: 2025-03-26 Tentative Ruling

REQUESTING ORAL ARGUMENT PER CRC 3.1308

The Court will attempt to post all Tentative Rulings at least the day prior to the hearing by 3:00 p.m.; however, the Court does not post Tentative Rulings for all matters.  

The Court will indicate in the Tentative Ruling whether the Court is requesting oral argument.  For cases where the Court is not requesting argument, then the Court is guided by California Rules of Court, Rule 3.1308(a)(1) where the Court requests notice of intent to appear.  Unless the Court directs argument in the Tentative Ruling, a party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue.  The tentative ruling will become the ruling of the court if no argument is received.   

Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412.

Notice of the ruling must be served as indicated in the tentative.  Remote appearances are permitted for all law and motion unless otherwise indicated by the Court.  

Case Number: 23BBCV02299    Hearing Date: March 26, 2025    Dept: A

DEFAULT PROVE UP HEARING
Los Angeles Superior Court Case # 23BBCV02299

DISCUSSION: 

The Court’s records show that Defendants were served on April 24, 2024. On May 8, 2024, this matter came on for a Case Management Conference. The Court’s minute order for the conference reflects that Plaintiff’s counsel requested additional time and the Case Management Conference was continued to September 10, 2024. 

At the September 10, 2024 Case Management Conference, Plaintiff’s requested additional time to submit his Default Prove Up packet. The Court granted this request and set an Order to Show Cause re: C.C.P. § 585 Default Prove Up for December 3, 2024. On December 3, 2024, the Order to Show Cause was continued to the instant date. 

On March 13, 2025, Plaintiff filed his form CIV-100 and default was entered. Plaintiff has yet to file any of the documents required to obtain a default judgment. Plaintiff has filed no declaration in support and has not filed any proposed order. Additionally, Plaintiff has yet to file proof of service upon Defendants of his Statement of Damages. Such service is required by C.C.P. § 425.11(c) as a prerequisite to the entry of a default judgment for a personal injury claim where the Complaint does not state an amount certain. 

California Rules of Court Rule 3.110(h) provides that Plaintiff has 45 days from the entry of default in which to obtain his default judgment, lest the Court grant an extension. Accordingly, the Order to Show Cause is continued to May 9, 2025 at 9:00 a.m. No further continuances will be granted. Plaintiff is ordered to give notice.  

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ORDER  

The Order to Show Cause re: C.C.P. § 585 Default Prove Up came on regularly for hearing on March 26, 2025, with appearances/submissions as noted in the minute order for said hearing, and the Court, being fully advised in the premises, did then and there rule as follows: 
 

THE ORDER TO SHOW CAUSE IS CONTINUED TO MAY 9, 2025 AT 9:00 A.M.

PLAINTIFF IS ORDERED TO GIVE NOTICE.  

IT IS SO ORDERED.