Judge: Michael J. Strickroth, Case: 2023-01304399, Date: 2023-07-31 Tentative Ruling

Motion for Entry of Default

Petitioner Corey Eib’s motion for entry of default judgment against Respondent Department of Motor Vehicles is DENIED.

Petitioner moves pursuant to Code of Civil Procedure section 585.

“Section 585 of the Code of Civil Procedure does not authorize the entry of any default in cases where an answer is on file, whether the defendant does or does not appear at the time the action is called for hearing.” Wilson v. Goldman (1969) 274 Cal.App.2d 573, 576; italics in original. Here, on June 2, 2023, Respondent filed its Answer to the Writ of Mandate.

Further, pursuant to Code of Civil Procedure section 1088, “a writ petition ‘cannot be granted by default.’ ” Coppinger v. Superior Court (1982) 134 Cal.App.3d 883, 885.

Accordingly, the motion for entry of default judgment is DENIED.

Respondent to give notice.