Judge: Lynne M. Hobbs, Case: 20STCV37153, Date: 2024-02-08 Tentative Ruling

Case Number: 20STCV37153    Hearing Date: February 8, 2024    Dept: 30

CINDY OSORIO, et al. vs DENNIS CASTILLO, et al.

Tentative: The Court notes Plaintiff seeks a continuance because he is still treating and needs to determine his future medical expenses. The Court allows only one more continuance. The case is over three years old and the defaulted defendant is the only party remaining. Counsel is advised that the following defects preclude granting the application:

(1) Statement of damages that was served on Defendant must be filed with the Court.

(2) On Plaintiff’s request for court judgment (CIV-100), Plaintiff seeks $5,000,000 for the demand of the complaint, $500,000 in general damages, and $21,000 in special damages. The demand of the complaint is inapplicable in a Personal Injury case. If the $5,000,000 is for general damages, then it must state so. The total also seeks the $5,000,000 as well, which should be subtracted from the total if it is not the amount in general damages.

(3) There is no evidence to support the amount sought in special damages.

(4) Does 1-50 have not been dismissed.

(5) There is no proposed judgment filed.

Given the age of the case, the fact that it has not been brought to trial in three years, and that the default package is deficient in basic respects, the Court allows one last continuance.

OSC re dismissal for delay in failing to obtain default judgment timely pursuant to CRC Rule 3.110(h), CRC Rule 3.740, and CCP 581(b)(4), CCP 583.410, and 583.420(a)(B)(A).  Judicial Assistant is to calendar in 60 days.

Plaintiff is ordered to give notice of this ruling and file and serve all paperwork at least five days before the next hearing pursuant to CRC Rule 3.110(i).