Judge: Mark E. Windham, Case: 20CHLC25053, Date: 2022-12-15 Tentative Ruling

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Case Number: 20CHLC25053    Hearing Date: December 15, 2022    Dept: 26

  Capital One, NA v. Frias, et al

MOTION FOR ENTRY OF DEFAULT JUDGMENT

(CCP § 585)

TENTATIVE RULING:

 

Plaintiff Capital One, NA’s Motion for Entry of Default Judgment is DENIED.

 

 

ANALYSIS:

 

Plaintiff Capital One, NA (“Plaintiff”) filed the instant action for replevin/claim and delivery against Defendant Octavio Frias (“Defendant”) on October 26, 2020. On July 25, 2022, Plaintiff filed the instant Motion for Default Judgment. On September 2, 2022, Plaintiff filed a Request for Entry of Default that was rejected on several grounds by the clerk’s office. (Notice of Rejection, 09/07/22.)

 

Plaintiff’s subsequent request for default was entered on November 4, 2022. Entry of default judgment, like entry of default, is to be made by written application. (Code Civ. Proc., § 585, subds. (b), (d); Cal. Rules of Court, Rule 3.1800(a); LASC Rule 3.201(a).) As it indicated at the trial setting conference / status conference on September 21, 2022, Plaintiff is to file a default package. (Minute Order, 09/21/22.) Accordingly, the Court will not entertain a noticed hearing on default judgment in this action unless required by law.

 

Plaintiff Capital One, NA’s Motion for Entry of Default Judgment is DENIED.

 

 

Court clerk to give notice.