Judge: Michael P. Linfield, Case: 22STCV18098, Date: 2023-05-19 Tentative Ruling

Case Number: 22STCV18098    Hearing Date: May 19, 2023    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.           BACKGROUND

On June 2, 2022, Plaintiff Exclusively Contents, Inc. filed its Complaint against Cathy Anthony on causes of action for breach of oral contract, common counts (goods and services rendered), and common counts (open book account).

On November 15, 2022, by request of Plaintiff, the Clerk’s Office entered default on Defendant.

On February 24, 2023, the parties filed a Notice of Settlement.  At the March 27, 2023 OSC re Dismissal, Plaintiff indicated that they did not have a fully-executed settlement agreement.  At the April 26, 2023 OSC re Dismissal, Plaintiff indicated that he believed that the settlement had fallen apart.

On April 25, 2023, Plaintiff filed its Request for Default Judgment Against Defendant Cathy Anthony. In support of its Request, Plaintiff filed: (1) Request for Judicial Notice; and (2) Proposed Order.

II.        ANALYSIS

The request for Entry of Default Judgement is DENIED. Plaintiff has failed to submit multiple items that are required, including: (1) Interest Computations (for pre-judgment interest, if applicable); (2) Declaration of Non-Military Status; and (3) Request for Dismissal of Does.

        This case was filed on June 2, 2022.  The Court will continue the OSC re Entry of Default Judgement.  If Default Judgement is not entered by the next hearing, the Court will consider dismissing the case.

        The OSC re Entry of Default Judgement is scheduled for June 28, 2023.  Plaintiff must submit its completed default prove-up package by June 19, 2023.