Judge: Kevin C. Brazile, Case: 23STCV15712, Date: 2024-03-20 Tentative Ruling

Hearing Date: March 22, 2024

Case Name: Ware, et al. v. Arrington, Jr., et al.

Case No.: 22STCV04773

Matter: Non-Appearance Case Review Re: Default Judgment

Ruling: The Default Judgment Application is denied without prejudice. 

Cross-Complainant 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. 

The default judgment application is denied without prejudice because (1) there is no dismissal of the Roe Cross-Defendants; (2) a request for default judgment was not provided on form CIV-100; (3) there is no statement of the propriety of entering a separate judgment on the First Amended Cross-Complaint when the Complaint is still pending; and (4) punitive damages cannot be awarded without evidence of Cross-Defendants’ financial condition (Adams v. Murakami (1991) 54 Cal.3d 105, 112.)

Cross-Complainant to give notice.