Judge: Michael P. Linfield, Case: 22STCV17585, Date: 2022-11-07 Tentative Ruling

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Case Number: 22STCV17585    Hearing Date: November 7, 2022    Dept: 34

PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.           BACKGROUND

On May 27, 2022, Plaintiff Lloyd Mosley filed his Complaint against Defendant Nautica Apparel, Inc. on causes of action for violations of Civil Code sections 51, 54, and 54.1.

On August 9, 2022, Plaintiff filed his Proof of Service on Defendant, which averred that Defendant was personally served on June 20, 2022.

On August 28, 2022, Plaintiff filed his Request for Entry of Default.

On August 29, 2022, the Clerk’s Office entered Defendant’s default.

On September 28, 2022, Plaintiff failed to appear for the scheduled Case Management Conference.  The Court set an OSC re Entry of Default Judgement for November 7, 2022.

II.        ANALYSIS

The request for 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) Summary of Case; (3) Evidentiary Declaration; (4) Attorney Fee Declaration (if any); (5) Request for Dismissal of Does; (6) Proposed Judgment; and (7) Declaration of Non-Military Status.

        The Court continues the OSC re Entry of Default Judgement to December __, 2022.  If default judgment is not entered by that time, the Court will consider dismissing the case.

OSC re SANCTIONS

        On September 28, 2022, Plaintiff failed to appear for the scheduled Case Management Conference.  As the Court stated that date, “There is no appearance by or for Plaintiff, nor any communication with the Court as to why there is no appearance by or for Plaintiff this date.”  (9/28/22 Minute Order.)

        There has been no declaration or other communication from Plaintiff’s counsel since the last hearing.

        The Court imposes sanctions of $150.00 on Plaintiff’s counsel for failure to appear at the 9/28/22 case management conference.