Judge: Lynne M. Hobbs, Case: BCV695105, Date: 2024-02-07 Tentative Ruling

Case Number: BCV695105    Hearing Date: February 7, 2024    Dept: 30

n ANDREA OJO ET AL VS JUAN DEVORASOSA

TENTATIVE

The Petition to Confirm Minor's Compromise is denied. 

An OSC re dismissal for delay in not bringing matter to trial within five (5) years pursuant to CCP 583.310, and an OSC for failure timely to enter 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)(A), are calendared in 35 days. 

Clerk to give notice.

Discussion:

On March 27, 2023, the Court struck the order approving the petition to confirm minor's compromise because Defendant was in default status and default was never vacated. To date, no motion to set aside the default has been filed. Thus, no petition to confirm settlement can be granted. Notwithstanding the above, the petition would be denied because Plaintiff has filed no paperwork that corrects the deficiencies noted by the Court in the last few hearings. Further, the case is over five years old.  CCP 583.310.