Judge: Mark E. Windham, Case: 23STLC02584, Date: 2024-07-11 Tentative Ruling

Case Number: 23STLC02584    Hearing Date: July 11, 2024    Dept: 26

Eminence Metrology, LLC v. Alatus Aerosystems, Inc., et al.

DEFAULT JUDGMENT PROVE UP

(CCP §§ 585, et seq.)

TENTATIVE RULING:

Plaintiff Eminence Metrology, LLC’s Application to Prove-Up Default Damages is DENIED WITHOUT PREJUDICE.

ANALYSIS:

On April 19, 2023, Plaintiff Eminence Metrology, LLC (“Plaintiff”) filed the instant action for breach of contract against Defendant Alatus Aerosystems, Inc. (“Defendant”). Following Defendant’s failure to file a responsive pleading, default was entered on January 9, 2024. Plaintiff filed the instant Application to Prove-Up Default Damages on April 19, 2024. A request for default judgment, however, must be submitted on Judicial Council Form CIV-100 and may be made by ex parte application. (CRC Rule 3.1800.)

Therefore, Plaintiff Eminence Metrology, LLC’s Application to Prove-Up Default Damages is DENIED WITHOUT PREJUDICE.

Court clerk to give notice.