Judge: H. Jay Ford, III, Case: 22STCV08379, Date: 2023-05-05 Tentative Ruling


Case Number: 22STCV08379    Hearing Date: May 5, 2023    Dept: O

22STCV08379 JANE P. vs SOLEIL SERVICES, INC. D/B/A...

  Order to Show Cause Re: re: Why All Unserved
Defendants Should Not Be Dismissed

Plaintiff's request for the entry of default and default judgment is DENIED.  A default has not been entered against either defendant.  The clerk rejected the request to enter default filed on 1-31-23 rejected.  The Judicial Counsel Form for Entry of Default was not fully completed or signed.

Over the last year, Plaintiff has filed multiple proofs of service of the summons and complaint.  It is not clear which proof of service of the summons, complaint, and statement of damages Plaintiff is relying on to support the entry of default against Soleil Services Inc. and John Cohn.  Prior to submitting a new request for entry of default, Plaintiff’s counsel is to submit a declaration identifying, by filing date, the specific proof of service Plaintiff is relying on that shows proper service of the statement of damages in addition to service of the the summons and complaint on both Mr. Cohn and Soleil Services Inc. In addition, counsel is to confirm the Proof of Service of Summons is a fully completed (and unedited) Mandatory Judicial Counsel form (Form POS-010),  and has the required declaration of diligence attached if service is by substituted service. (CCP §415.20(b)

Regarding the request for a default judgment the Court does not see any evidence to supporting the claim for special damages of $37,500.  The amount requested for General Damages of 2,500,000 exceeds the amount stated in the Statement of Damages (excluding loss of consortium), but the Court will approve general damages of $2,000,000.  In addition, the amounts requested for costs and attorney’s fees are not supported by the declarations filed on 1-31-23 (see Gottlieb decl. paras 51 (requested costs are $2,050.33) and para 52 (requested attorney’s fees are $52,074.00)), or by the supplemental declarations filed on 4-4-23.