Judge: Lynne M. Hobbs, Case: 20STCV39597, Date: 2023-09-29 Tentative Ruling
WILLIE PERRYMON vs KYLE SHORES, et al.Tentative:
The Default Judgment is off-calendar.
Plaintiff has dismissed the defendant he seeks default judgment against. On 10/19/21, Plaintiff filed an amendment to the complaint substituting Doe 1 for RLCS, Inc. Then, on 6/14/23, Plaintiff amended the complaint to correct defendant RLCS, Inc.'s name to R.L.C.S. Inc. Therefore Doe 1, RLCS, Inc. and R.L.C.S. Inc. are all the same defendant.
However, on January 3, 2024, Plaintiff dismissed Does 1-100. Further, on January 16, 2024, Plaintiff dismissed RLCS, Inc." As such, Plaintiff must seek to set aside the dismissal before the Court can rule on a default judgment.
In the interim, the Court has reviewed the request for default judgment. The following defects would preclude the Court granting it and needs correction:
(1) Other defendants (Lisa and Kyle) have not been dismissed.
(2) General damages are still excessive. The court is not inclined to award general damages in an amount that is more than three times special damages.
(3) If Plaintiff seeks to recover costs, they must be listed under item 2 of form CIV-100, request for default judgment.
(4) Damages not proved. Plaintiff’s declaration and supporting evidence is not sufficient to support the amount sought in damages. Further, the evidence is not authenticated.
(5) There is no updated request for Court judgment on CIV-100.
