Judge: Mark E. Windham, Case: 22STLC04381, Date: 2024-07-10 Tentative Ruling

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Case Number: 22STLC04381    Hearing Date: July 10, 2024    Dept: 26

 

1105 Adams, LLC v. Pelico, et al.

VACATE DEFAULT AND DEFAULT JUDGMENT



TENTATIVE RULING:

 

Plaintiff 1105 Adams, LLC dba Audrey Apartments’ Motion for Order to Vacate Entry of Default and Default Judgment and Order is DENIED.

 

                                                                                                                               

ANALYSIS:

 

On June 30, 2022, Plaintiff 1105 Adams, LLC dba Audrey Apartments (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Kevin Pelico (“Defendant”). Following Defendant’s failure to file a responsive pleading, the Court entered their default and default judgment on December 13, 2023 and December 19, 2023, respectively.

 

Plaintiff filed the instant Motion to Vacate Default and Default Judgment on May 9, 2024, concurrent with a request to dismiss the action. The action was dismissed on the same date. No opposition has been filed to date.

 

Discussion

 

Plaintiff moves to vacate the default and default judgment in this action on the grounds that the parties have now entered into a settlement agreement. However, the action was dismissed on May 9, 2024 and Motion is not supported by any legal authority for the order sought. “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113(b).) Indeed, Plaintiff’s failure to provide a memorandum as required by the Rule is an “admission that the [request] is without merit and cause for its denial.” (Cal. Rules of Court, Rule 3.1113(a), (b); In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 976.)

 

Conclusion

 

Therefore, Plaintiff 1105 Adams, LLC dba Audrey Apartments’ Motion to Vacate Entry of Default and Default Judgment is DENIED.

 

 

Court clerk to give notice.