Judge: Michael P. Linfield, Case: 22STCV04535, Date: 2023-03-13 Tentative Ruling

Case Number: 22STCV04535    Hearing Date: March 13, 2023    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.           BACKGROUND

On February 4, 2022, Plaintiffs Pacific Attorney Group, PLC and Payam Mark Shayani filed their Complaint against Defendants Gawad Akbari, Nazdup, Inc., Sajad Akbari, and Ali Akbari on the following causes of action:

(1)       Breach of written contract;

(2)       Fraud and deceit based upon intentional misrepresentation;

(3)       Breach of the implied covenant of good faith and fair dealing; and

(4)       Unjust enrichment.

On August 23, 2022, Plaintiffs amended their Complaint by substituting Doe 1 with United Towing Modesto LLC.

On October 3, 2022, the Clerk’s Office entered default on Defendants Gawad Akbari and Ali Akbari.

On October 4, 2022, the Clerk’s Office entered default on Defendant Sajad Akbari.

        On November 15, 2022, the Clerk’s Office entered default on Defendant United Towing Modesto LLC.

II.        ANALYSIS

The Request for Default Judgment is DENIED. Plaintiff has failed to file: (1) Form CIV-100, Request for Court Judgment; (2) Summary of Case; (3) Evidentiary Declaration(s); (4) Interest Computations (if any); (5) Attorney Fee Declaration (if any); (6) Memorandum of Costs (if any); (7) Declarations of Non-Military Status; (8) Request for Dismissal of Does, (9) Original notes or other written obligations (if any); and (10) Form JUD-100, Proposed Judgment.

        This case was filed over one year ago.  Case Management Conferences were held – and had to be continued – on:  May 19, 2022; July 5, 2022; August 5, 2022; October 5, 2022; October 26, 2022; and December 12, 2022. Plaintiff’s counsel continually failed to file timely Case Management Statements.  Plaintiff’s counsel request for Entry of Default was rejected at least four times:  on September 19, 2022; October 4, 2022; October 17, 2022; and October 19, 2022.  At the last hearing on December 12, 2022, the Court gave Plaintiff’s counsel three months to file its default judgment prove-up package.  Counsel has not filed any documents for today’s prove-up.

        Plaintiff Pacific Attorney Group is a law firm; Plaintiff Shayani is head counsel for the law firm. (See Complaint, ¶¶ 1-3.)  The Court expects Plaintiffs and their counsel to act more professionally. 

        The Court continues the OSC re Entry of Default Judgement until ___, 2023.  If default judgment is not entered by that date, the Court WILL dismiss the case.