Judge: Lisa R. Jaskol, Case: 23STCV08740, Date: 2024-12-31 Tentative Ruling
Case Number: 23STCV08740 Hearing Date: December 31, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On April 18, 2023, Plaintiff Ronald Kroll (“Plaintiff”) filed this action against Defendants Mickys West Hollywood and Does 1-20 for battery, assault, false imprisonment, negligence, and intentional infliction of emotional distress.
On August 18, 2023, Defendant Mickys West Hollywood filed an answer.
On July 2, 2024, Defendant and Cross-Complainant W.H.B.T., Inc. dba Micky’s West Hollywood (erroneously sued and served as Mickys West Hollywood) (“Micky’s”) filed a cross-complaint against Cross-Defendants USPA Southern California LLC (“USPA”) and Roes 1-20 for equitable indemnity and contribution.
On September 12, 2024, the clerk entered USPA’s default on Micky’s amended cross-complaint.
On October 11, 2024, the Court found that this case (case number 23STCV08740) and case number 23STCV08608 are related within the meaning of California Rules of Court, rule 3.300(a). Case number 23STCV08608 became the lead case. The cases were assigned to Department 28 at the Spring Street Courthouse for all purposes.
On October 30, 2024, Micky’s filed an application for extension of time to request default judgment. The application was set for hearing on December 31, 2024.
Trial is currently scheduled for April 15, 2025.
PARTY’S REQUEST
Micky’s asks the Court to extend the time for requesting default judgment against USPA.
LEGAL STANDARD
California Rules of Court, rule 3.110(h), provides:
“When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time. The court may issue an order to show cause why sanctions should not be imposed if that party fails to obtain entry of judgment against a defaulting party or to request an extension of time to apply for a default judgment within that time.”
(Cal. Rules of Court, rule 3.110(h).)
Rule 3.110(h) “does not specify the grounds or procedure for obtaining an extension of time for requesting . . . entry of default judgment.” (L. Edmon & C. Karnow, Cal. Practice Guide: Civil Procedure Before Trial (Rutter 2024) ¶ 5:16.6, p. 5-5.)
DISCUSSION
Micky’s argues that it cannot seek default judgment on its cross-complaint against USPA for equitable indemnity and contribution until Micky’s liability to Plaintiff, if any, is determined. Micky’s therefore asks the Court to extend the deadline for Micky’s to request default judgment against USPA until after the trial.
The Court finds good cause and grants Micky’s application. The Court extends the deadline for Micky’s to request default judgment against USPA to May 15, 2025.
CONCLUSION
The Court GRANTS the application of Defendant and Cross-Complainant W.H.B.T., Inc. dba Micky’s West Hollywood (erroneously sued and served as Mickys West Hollywood) to extend the deadline to request entry of default judgment against Cross-Defendant USPA Southern California LLC to May 15, 2025.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file proof of service of this ruling with the Court within five days.