Judge: Michael P. Linfield, Case: 22STCV16742, Date: 2023-01-10 Tentative Ruling
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Case Number: 22STCV16742 Hearing Date: January 10, 2023 Dept: 34
I.
BACKGROUND
On May 20, 2022, Plaintiff Envision NWK Toy Auto, LLC filed its
Complaint against Defendants Juan Mares Cardenas and Christian Castro on causes
of action for breach of contract, negligence, and fraud.
On August 15, 2022, by request of Plaintiff, the Clerk’s Office entered
default on Defendant Mares Cardenas.
On September 8, 2022, by request of Plaintiff, the Clerk’s Office
entered default on Defendant Castro.
On December 5, 2022, the Court denied Plaintiff’s Request for Default
Judgment due to multiple failures to comply with the procedural requirements
for entry of a default judgment. Plaintiff’s counsel stated that they needed an
additional 30 days to complete their default judgment package.
Plaintiff has not filed anything in this matter since the Court’s
December 5, 2022 Minute Order.
II.
ANALYSIS
Entry of Default Judgement 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) Attorney Fee
Declaration; (7) Memorandum of Costs; (8) Declaration of Non-Military Status;
(9) Request for Dismissal of Does; and (10) Proposed Judgment.
The Court will continue the OSC re
Entry of Default Judgement to February __, 2023. If default judgment is not
entered by that time, the Court will dismiss the case.