Judge: Kevin C. Brazile, Case: 21STCV32456, Date: 2022-08-08 Tentative Ruling

Hearing Date: August 8, 2022

Case Name: Howard v. Trites, et al.

Case No.: 21STCV19931 

Matter: Non-Appearance Case Review Re: Default Judgment 

Tentative Ruling: The Application is denied.  The action will be dismissed.

Plaintiff to give notice.

Plaintiff Sonya Howard, a pro per litigant, seeks default judgment against Defendant Todd Trites for $24,000.  Plaintiff’s Complaint is unclear but seems to partially relate to identity theft.

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.” 

Plaintiff’s declaration fails to establish how she suffered $24,000 in damages based on identity theft or any other wrongful action.  Her declaration is nearly incoherent.  Therefore, the Default Judgment Application is denied.  As this was the second time Plaintiff was unable to file a successful default judgment application, it seems she will not be able to prove up her damages.  Thus, the action will be dismissed with prejudice.  

 Plaintiff to give notice.