Judge: Jon R. Takasugi, Case: 23STCV03912, Date: 2024-03-26 Tentative Ruling

Case Number: 23STCV03912    Hearing Date: March 26, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Background 

On February 22, 2023, Plaintiff Timeless Corals and Fish, LLC filed a complaint against Defendant Brandon Pierce for (1) embezzlement and (2) declaratory relief. Plaintiff alleges that Defendant was convicted of stealing merchandise from Plaintiff and pleaded guilty for her actions in criminal court in Los Angeles County. (Compl., ¶ 8.)

On August 28, 2023, Plaintiff filed proof of personal service.

On December 5, 2023, default was entered against Defendant. Plaintiff filed the default judgment papers on December 6, 2023.

At the hearing on December 7, 2023, Plaintiff represented he had filed the default judgment packet yesterday.  The Court at the time was unable to view it. It was later determined Plaintiff did not file a 585 with the form default judgment.

On March 7, 2024, dismissal was entered as to all DOE defendants. 

After review of Plaintiff’s default judgment packet, the Court has identified the following deficiencies:

·         There is no summary of the case as required by CRC 3.1800(a)(1)

·         There is no evidentiary declaration or other admissible evidence to support the requested amount.

Plaintiff is ordered to refile the entire default judgment packet by April 9, 2024, and if not the Court will impose sanctions including dismissal.