Judge: Lynne M. Hobbs, Case: 22STCV07829, Date: 2024-03-06 Tentative Ruling

Case Number: 22STCV07829    Hearing Date: March 6, 2024    Dept: 30

JAMILEH MEHRAZAR vs CINDERELLA'S CLOSET

Tentative: The Court has reviewed the request for default judgment. The request is DENIED without prejudice due to the following defects:

(1) Proof of service for statement of damages and complaint states they were served by substituted service, but there is no declaration of due diligence attached. If there is no declaration of due diligence, then entry of default must be stricken for improper service.

(2) Item 2b(2) of request for Court judgment on CIV-100 is incorrectly filled out. In the summary, Plaintiff states she seeks $150,000 in general damages, and $10,430 in special damages, but Item 2b(2) states she is seeking $160,430 in general damages.

(3) General damages are excessive in light of $10,430 claimed in special damages. The Court finds $50,000 in general damages to be reasonable based upon Plaintiff’s declaration.

In addition, California Rules of Court, rule 3.110 requires Plaintiff to obtain entry of default 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. Plaintiff has a duty to exercise reasonable diligence to ensure that a case is brought to trial or other conclusion within statutory time constraints. Hughes v. Kimble (1992) 5 Cal.App.4th 59, 70, CCP 583.420(a)(2)(B). California Rules of Court, rule 3.740 requires obtaining a default judgment within 365 days of the filing of the complaint. LASC local rule 3.10 allows the Court to impose sanctions for the failure or refusal to comply with time standards or deadlines. 

Thus, the Court calendars the following OSC for May 15, 2024, at 8:30 am. 

OSC re sanctions in the amount of $100 for delay in prosecution for failure to perfect default judgment pursuant to CRC Rule 3.110(h), CRC Rule 3.740, CCP 581(b)(4), CCP 583.410, and 583.420(a)(2)(B).

All responsive papers must be filed at least five days prior to the hearing date. CRC rule 3.110(i).

Clerk to give notice.