Judge: Kerry Bensinger, Case: 22STCV23823, Date: 2025-01-22 Tentative Ruling

Case Number: 22STCV23823    Hearing Date: January 22, 2025    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:     January 22, 2025                               TRIAL DATE:  Not set

CASE:                         Monique Cooper v. B. Ruth Allen, et al.

CASE NO.:                 22STCV23823

MOTION FOR DEFAULT JUDGMENT

MOVING PARTY:               Plaintiff Monique Cooper, et al.

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On July 25, 2022, plaintiff Monique Cooper filed a Complaint against defendants B. Ruth Allen, Leonard F. Delpit, and Charles S. Clark for wrongful eviction.  The Complaint was partially handwritten and included exhibits that were not clearly referenced in the allegations.  Plaintiff was self-represented at the time of the filing of the Complaint.  

On September 5, 2023, Plaintiff filed a motion for leave to file the proposed First Amended Complaint (FAC).  On January 5, 2024, the court granted the motion after taking the matter under submission and deemed the FAC filed as of September 23, 2024.  The FAC adds Jayon Levon as a plaintiff, B. Ruth Allen Trust as a defendant, and several causes of action.

On December 10, 2024, plaintiffs Monique Cooper and Jayon Levon (hereafter, Plaintiffs) filed this Motion for Default Judgment Against Defendants Charles Clark, B. Ruth Allen, B. Ruth Allen Trust, and Leonard F. Delpit (collectively, Defendants).

The motion is unopposed.

II.        DISCUSSION

Plaintiffs seek default judgment against Defendants in the sum of $4,230,160, consisting of $161,290.00 in compensatory damages, $483,870.00 in punitive damages, and $3,585,000.00 in civil statutory penalties.  The motion, however, is premature.  Default has not been entered against any defendant.  Plaintiffs must obtain Defendants’ default before proving up a default judgment.  Further, any request for default judgment must be made on Judicial Council Form Civ-100.

III.      CONCLUSION

            The motion is DENIED.

Moving party to give notice. 

Dated:   January 22, 2025