Judge: Mark H. Epstein, Case: SC02545, Date: 2024-04-30 Tentative Ruling

Case Number: SC02545    Hearing Date: April 30, 2024    Dept: I

The matter is here for a conference regarding the case status.  The original default was set aside on April 30, 2021.  On December 27, 2021, the court denied a motion to vacate the new default.  The court noted that an earlier order by the Court of Appeal had reversed the trial court’s order vacating default and that therefore the earlier order was infirm.  This court, though, had a concern about punitive damages.  The default judgment included an award of punitive damages.  But the amount of such damages was not mentioned in the prayer nor was there a statement of damages that set it forth.  This court reasoned that a judgment including a punitive damage award was, under those circumstances, unconstitutional on its face.  The court therefore struck the punitive damages, but allowed the compensatory award to stand.  Although asked to change its order in that regard, the court stood firm.  Defendant then moved under Code of Civil Procedure section 473 for relief from default, confessing to attorney error and arguing that relief was therefore mandatory.  The court rejected the request, finding that it came too late.  As such, the default stood.

However, there remains the issue of some of the other defendants.  On January 4, 2024, the court ordered that a default judgment be entered against them as well.  However, on March 26, 2024, the court vacated that order given concerns about due process.

This hearing is set to figure out exactly what the status is of this case and what, if anything, remains to be done.