Judge: Kevin C. Brazile, Case: 23STCV14475, Date: 2024-03-11 Tentative Ruling

Case Number: 23STCV14475    Hearing Date: March 11, 2024    Dept: 20

Tentative Ruling

Judge Kevin C. Brazile

Hearing Date:                         Monday, March 11, 2024

Case Name:                             Healthcare Ally Management v. American International Group

Case No.:                                23STCV14475

Hearing:                                 Order to Show Cause Re: Default Judgment

Notice:                                    OK

Ruling:                                   Plaintiff’s Request for Default Judgment is DENIED WITHOUT PREJUDICE.

Plaintiff to give notice.

BACKGROUND

            On June 22, 2023 Plaintiff Healthcare Ally Management, LLC (“Plaintiff”) filed a complaint against Defendant American International Group (“Defendant”) and Does 1-10 arising out of Defendant’s alleged failure to pay $156,800.00.

            On November 16, 2023, Defendant’s default was entered.

            Before the Court is Plaintiff’s Request for Court Judgment.

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.”

            As of March 6, 2024, Plaintiff has not submitted any of the necessary moving papers.

            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.