Judge: Lynne M. Hobbs, Case: 22STCV12278, Date: 2023-08-23 Tentative Ruling

Case Number: 22STCV12278    Hearing Date: October 24, 2023    Dept: 30

NELLY MARLINE RECINOS, et al. vs SHEMSIA HAMZA SHEFFA

Request for Entry of Default Judgment

TENTATIVE

Request for Default Judgment is denied. Judicial Assistant is ordered to calendar a hearing in 30 days for OSC re Dismissal for failure to perfect default judgment pursuant to CRC Rule 3.110(h) and (i). 

DISCUSSION

As a preliminary matter, CRC Rule 3.110(h) provides that a default judgment must be obtained within 45 days of the entry of default unless the Court granted an extension. Here, the request for entry of default judgment was filed approximately 12 months later.  A review of the pleadings show that no extension was granted to excuse the initial delay. Further, the current default pleadings submitted continue to fail to provide prima facie support for the damages claimed.