Judge: Lynne M. Hobbs, Case: 21STCV21619, Date: 2023-08-22 Tentative Ruling

Case Number: 21STCV21619    Hearing Date: September 26, 2023    Dept: 30

SALVADOR R. LEGUIZAMO, et al. vs MAXIMINO MENDEZ-GIL

Request for Entry of Default Judgment

Ruling:  The Court has reviewed the default package submitted on June 12, 2023.  The complaint is dismissed without prejudice.

On June 23, 2023, this Court continued the request for default judgment for 60 days to allow Plaintiff (1) to dismiss the DOE Defendants in this case, (2) to exclude the demand for future medical expenses, (3) to provide evidence to support the demand for general damages, and (4) to exclude the demand for attorney fees.

On August 22, 2023, the Court denied the request for default judgment as Plaintiff had not filed any paperwork correcting the above-identified discrepancies.

Pursuant to Cal. Rules of Court, rule 3.110(h), “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.”

As of September 20, 2023, Plaintiff has not complied with the Court’s June 23, 2023 order. A new request for entry of default judgment has not been filed excluding the demand for future medical expenses and demand for attorney fees. No evidence has been filed to support the demand for general damages. No request for dismissal has been filed dismissing the DOE Defendants. Forty-five days has passed since default was entered.

Accordingly, Plaintiff Salvador R. Leguizamo and Francisca Leguizamo’s complaint is DISMISSED without prejudice.