Judge: Michael P. Linfield, Case: 20STCV31295, Date: 2022-11-10 Tentative Ruling

The Court often posts its tentative several days in advance of the hearing. Please re-check the tentative rulings the day before the hearing to be sure that the Court has not revised the ruling since the time it was posted.

Please call the clerk at (213) 633-0154 by 4:00 pm. the court day before the hearing if you wish to submit on the tentative.

Case Number: 20STCV31295    Hearing Date: November 10, 2022    Dept: 34

I.           BACKGROUND

On August 17, 2020, Plaintiff Southern California Gas Company filed its Complaint against Defendant Miles Construction Group, Incorporated on causes of action of breach of contract, breach of implied covenant of good faith and fair dealing, and common count.

On November 12, 2020, Defendant filed its Answer and its Cross-Complaint.

On December 15, 2020, Plaintiff filed its Answer to the Cross-Complaint.

On February 23, 2021, Plaintiff filed its First Amended Answer to the Cross-Complaint.

On February 24, 2022, the Court granted Defendant’s Counsel’s Motion to be Relieved as Counsel.

On August 29, 2022, the Court granted Plaintiff’s Motion to Strike Answer and Cross-Complaint of Defendant for being unrepresented for an unreasonable length of time. The Court struck Defendant’s Answer and dismissed with prejudice Defendant’s Cross-Complaint.

On August 30, 2022, Plaintiff requested, and the Clerk’s Office entered, default on Defendant.

Plaintiff has not filed anything since August 30, 2022, including a Request for Entry of Judgment with supporting filings.

II.        ANALYSIS

Entry of Default Judgment is DENIED. Plaintiff has failed to submit multiple items that are required, including: (1) Form CIV-100, Request for Entry of Court Judgment; (2) Proof of Service; (3) Summary of Case; (4) Evidentiary Declaration; (5) Statement of Damages; (6) Interest computations; (7) Attorney Fee Declaration; (8) Memorandum of costs; (9) Request for Dismissal of Does; (10) Declaration of Non-Military Status; (11) Original copies of promissory note or other written obligation to pay money (or alternatives, if applicable); and (12) Proposed Judgment.

        The Court will continue the OSC re Entry of Default Judgement until December ___, 2022.  This case is more than two years old; if Plaintiff does not obtain Entry of Default Judgment prior to the next hearing, the Court will dismiss the case.