Judge: Lynne M. Hobbs, Case: 22STCV19299, Date: 2023-09-19 Tentative Ruling

Case Number: 22STCV19299    Hearing Date: September 19, 2023    Dept: 30

SHI MIN vs LEUNG YEUNG, et al.

Non-appearance Case Review of Request for Entry of Default Judgment

Ruling:  OSC re Dismissal for failure to enter default is placed on the APPEARANCE calendar for a date convenient to the Court within 60 days.  The Court notes the below issues. Counsel is to correct deficiencies prior to the next court date and file paperwork at least 10 days prior to the OSC.  Clerk to give notice.

DEFICIENCIES: There is no evidence that Plaintiff served a statement of damages prior to default being enter, thus default is void, under CCP 425.11(c)-(d).

Plaintiff must dismiss all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment per CRC 3.1800(a)(7). Plaintiff has not dismissed Doe defendants or Defendant Lap Yeung. The Court notes that as recently as August 29, 2022, Plaintiff filed a Motion to Compel Discovery on Lap Yeung.

Plaintiff has not served a statement of damages identifying the amount of punitive damages as required per CCP §425.115.