Judge: Michael P. Linfield, Case: 22STCV16742, Date: 2023-01-10 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.

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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.