Judge: Lynne M. Hobbs, Case: 20STCV08790, Date: 2023-11-13 Tentative Ruling

Case Number: 20STCV08790    Hearing Date: February 21, 2024    Dept: 30

KIMISHA SMITH vs CENTRAL INN MOTEL, et al.

Tentative: The Court has reviewed the request for default judgment. The request is DENIED due to the following defects:

(1) Does 1-20 have not been dismissed. All Doe defendants and other defendants against whom default is not sought must be dismissed before the Court may grant default judgment.

(2) One request for court judgment on form CIV-100 can be filed for both defendants.

(3) It appears the amount requested for special damages and the amount requested for general damages have been swapped on item 2 of the request for court judgment on form CIV-100.

(4) The amount sought in general damages are excessive.

(5) In Plaintiff’s declaration, she seeks additional damages not listed on the request for court judgment on form CIV-100.

(6) There is no contractual or statutory basis cited for attorney fees.

(7) Item 2f of the request for court judgment on form CIV-100 cannot state “TBD” for the total.

(8) Damages have not been proved. Plaintiff’s declaration and supporting evidence is not sufficient to support the amount sought in damages. Specifically, there are no medical bills showing that Plaintiff incurred $10,500 in medical expenses.

In addition, it is denied pursuant to California Rules of Court, rule 3.110 which requires Plaintiff to obtain a default judgment within 45 days after the default was entered. California Rules of Court, rule 3.740 requires obtaining a default judgment within 365 days of the filing of the complaint. Given the wholly deficient filing, and inability to timely perfect judgment after being given notice by the court , as well as the duplication of the same entity in the filings, Defendant Central Inn Motel is dismissed with prejudice.