Judge: Kevin C. Brazile, Case: 21STCV40104, Date: 2023-03-15 Tentative Ruling
Case Number: 21STCV40104 Hearing Date: March 15, 2023 Dept: 20
Tentative Ruling
Judge Kevin C. Brazile
Department 20
Hearing Date: Wednesday, March 15,
2023
Case Name: Royal Vallin
Construction v. Pacific Rim Preservation, LP, et al.
Case No.: 21STCV40104
Motion: Motion for
Default Judgment
Moving Party: Plaintiff Royal Vallin
Construction
Responding Party: None
Notice: OK
Ruling: The Motion
for Default Judgment is DENIED without prejudice.
Plaintiff to give
notice.
If counsel do not
submit on the tentative, they are strongly encouraged to appear by
LACourtConnect rather than in person due to the COVID-19 pandemic.
BACKGROUND
On November 1, 2021, Plaintiff Royal
Vallin Construction (“Plaintiff”) filed this action against Defendants Pacific
Rim Preservation, LP, Rancho Del Valle Preservation, LP, Maple Park Apartments
Preservation, LP, Roberta Stephens Villa II, Richard N. Hogan Manor, LP,
Figueroa Economical Housing Development Corporation, and Bluegreen Preservation
and Development Company, LLC for breach of contract and unjust enrichment.
On August 1, 2022, default was
entered against Defendants. On November 28, Plaintiff filed an application for
default judgment against Defendants. On December 12, 2022, the Court denied the
application without prejudice due to the following deficiencies: (1) a
declaration was not provided to support the amount of damages requested; (2)
Court judgments were not requested on Form CIV-100; (3) a memorandum of costs
was not provided on Form CIV-100; and (4) the Doe Defendants have not been
dismissed.
Plaintiff has failed to file
additional papers to remedy these deficiencies. For this reason, Plaintiff’s
request for default judgment is DENIED without prejudice.
CONCLUSION
Plaintiff’s Request for Default Judgment is DENIED WITHOUT
PREJUDICE.
Plaintiff to give notice.
If counsel do not submit on the
tentative, they are strongly encouraged to appear by LACourtConnect rather than
in person due to the COVID-19 pandemic.