Judge: Michael P. Linfield, Case: 20STCV31295, Date: 2022-12-12 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: December 12, 2022    Dept: 34

REQUEST FOR ENTRY OF DEFAULT JUDGMENT

 

 

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, by request of Plaintiff, the Clerk’s Office entered default on Defendant.

 

On November 10, 2022, the Court denied Plaintiff’s Request for Entry of Default Judgment for failure to comply with multiple procedural requirements.

 

On November 18, 2022, Plaintiff filed: (1) Request for Dismissal; (2) Judgment form; (3) Amended Summary of Case; and (4) Supplemental Declaration of Carlos Gaeta.

 

II.        ANALYSIS

 

The Request for Entry of Default Judgement is GRANTED in the amount of $704,593.10, as indicated by the table below:

 

Default Judgment

Category

Amount Requested

Amount Granted

Demand of Complaint

$700,804.20

$700,804.20

General Damages

$0.00

Special Damages

$0.00

Interest

$0.00

Costs

$3,788.90

$3,788.90

Attorney's fees

$0.00

TOTAL

$704,593.10

$704,593.10