Judge: Kevin C. Brazile, Case: 20STLC09291, Date: 2023-03-14 Tentative Ruling

Case Number: 20STLC09291    Hearing Date: March 14, 2023    Dept: 20

Tentative Ruling

Judge Kevin C. Brazile

Hearing Date:                         Tuesday, March 14, 2023

Case Name:                            Gonzales, et al., v. Bunevacz, et al.

Case No.:                                20STLC09291

Hearing:                                 OSC Re: Entry of Default as to Celeste Gonzales

Notice:                                    OK

Ruling:                                    Cross-Complainants’ Request for Default Judgement is DENIED WITHOUT PREJUDICE.

Moving Party to give notice.

BACKGROUND

            On November 3, 2020, Plaintiffs Isreal Gonazales, Veronica Serrato, and Celeste Gonzales (“Plaintiffs”), filed this declaratory relief action against Defendants Mary Bunevacz, Grenco Science, Inc., LGDM, LLC, Flawless Vape Wholesale & Distribution, Inc. (“Defendants”) and Does 1 through 20.

            On November 16, 2021, Cross-Complainants LGDM, LLC and Flawless Vape Wholesale & Distribution, Inc. filed a Cross-Complaint for breach of contract against Plaintiffs and Roes 1 to 30 (“Cross-Defendants”).

            On January 21, 2022, default was entered against Veronica Serrato.

            On February 8, 2022, default was entered against Israel Gonzales.

            On November 28, 2022, the Court dismissed the Complaint as moot.

On December 21, 2022, default was entered against Celeste Gonzales.

            Before the Court is Cross-Complainants’ Request for Court Judgment against Cross-Defendants.

DISCUSSION

            Code of Civil Procedure section 585 permits a default judgment after a defendant’s default has been entered. California Rules of Court, rule 3.1800(a) requires a party seeking default judgment by court judgment to use the mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100) and to file: “(1) Except in unlawful detainer cases, a brief summary of the case identifying the parties and the nature of plaintiff's claim; (2) Declarations or other admissible evidence in support of the judgment requested; (3) Interest computations as necessary; (4) A memorandum of costs and disbursements; (5) A declaration of nonmilitary status for each defendant against whom judgment is sought; (6) A proposed form of judgment; (7) A dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment; (8) Exhibits as necessary; and (9) A request for attorney fees if allowed by statute or by the agreement of the parties.”

            Cross-Complainants request a total judgment of $129,202.69, consisting of damages in the amount of $115,000, attorney’s fees in the amount of $1,000, and interest in the amount of $13,202.69. (See Memorandum at p. 5.) However, Cross-Complainants have not filed the mandatory form CIV-100 (which includes a declaration of nonmilitary status).

CONCLUSION

Cross-Complainants’ Request for Default Judgment is DENIED WITHOUT PREJUDICE.

Moving Party to give notice.