Judge: Lynne M. Hobbs, Case: 21STCV37991, Date: 2023-12-13 Tentative Ruling

Case Number: 21STCV37991    Hearing Date: December 13, 2023    Dept: 30

ZENYA DENNIS vs ADAM AND LILITH, BUSINESS ENTITY UNKNOWN



Tentative: The Court has reviewed the request for default judgment against Defendant Adam and Lilith. The Court DENIES the request for default judgment without prejudice, due to the following defects:

(1) Items 4-8 are not filled out on request for Court judgment, form CIV-100. Item 8, declaration of nonmilitary status must be signed as well.

(2) There is no declaration filed by Plaintiff attesting to general damages suffered.

(3) Medical records have not been filed.

(4) The Medi-Cal lien is in the amount of $71,203.96, but Plaintiff requests special damages in the amount of $94,938.61.

(5) Proposed judgment is blank.

(6) General damages are excessive in light of special damages in the amount of $94,938.61. The Court cannot award general damages in an amount that is more than three to five times special damages.

(7) Does 1-50 must be dismissed.

In addition, California Rules of Court, rule 3.110 requires Plaintiff to obtain entry of default a within 10 days after the time for service has elapsed and 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. Pursuant to Gov. Code § 68608, trial courts shall have the power to impose sanctions to enforce the requirements of a delay reduction program, including the power to striking pleadings or dismissing actions if less severe sanctions are ineffective. LASC local rule 3.10 allows the Court to impose sanctions for the failure or refusal to comply with time standards or deadlines. Moreover, the court is mindful of Garcia v. McCutchen (1997) 16 Cal.4th 469.Accordingly, the court will set one more OSC for Plaintiff to obtain a Default Judgment or otherwise the court may impose a sanction, including dismissal.

JA to calendar OSC re dismissal for failure timely to perfect / obtain default judgment pursuant to CRC Rule 3.110(h) and (i), CRC Rule 3.740, CCP 581(b)(4), CCP 583.410, and 583.420(a)(2)(B).