Judge: Maurice A. Leiter, Case: 23STCV06187, Date: 2025-01-28 Tentative Ruling

Case Number: 23STCV06187    Hearing Date: January 28, 2025    Dept: 54

Hearing Date: January 28, 2025

Department 54, Judge Maurice A. Leiter

Motion to Enter Default

Moving Party: Plaintiff Casitas A Footwear Company, Inc.

Responding Party: None

T/R:      PLAINTIFF’S MOTION IS DENIED.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

Plaintiff moves for an order entering default against all sixteen defendants in this action. Plaintiff asserts that it cannot determine why the clerk of court has repeatedly rejected Plaintiff’s attempts to enter default because the clerk has not notified Plaintiff of the rejections, and Plaintiff cannot access the rejections through the case file.

The Court’s file reflects that the defaults have been rejected for lack of proper service on Defendants. For example, the notice of rejection as to Defendant OMS BYTHESEA, INC. states that the request for entry of default fails to list the Plaintiff’s name in the heading and that the proof of service does not show service on an officer or authorized agent. The Court’s review of the proof of service on Defendant OMS BYTHESEA, INC. reflects these same errors. The Court cannot enter default against Defendants when they have not been properly served.

Plaintiff’s motion is DENIED.