Judge: Michael P. Linfield, Case: 22STCV35042, Date: 2023-08-24 Tentative Ruling

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Case Number: 22STCV35042    Hearing Date: August 24, 2023    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.           BACKGROUND

On November 3, 2022, Plaintiff Credit Corp Solutions Inc. filed its Complaint against Defendant Arutin Jibilian on causes of action for account stated and open book account.

        On July 13, 2023, by request of Plaintiff, the Clerk’s Office entered default on Defendant.

Plaintiff has not filed anything in this case since the default was entered.

II.        ANALYSIS

At the first Case Management Conference on March 7, 2023, counsel stated that Defendant had not yet been served.

Defendant was served on March 12, 2023.  At the continued Case Management Conference on May 10, 2023, Plaintiff’s counsel apologized for not having default entered against Defendant.  The Court set an OSC re Entry of Default for May 31, 2023.

        At the May 31^st hearing, Plaintiff did not appear and had not filed a request for Entry of Default.  The Court continued the OSC re Entry of Default for six weeks and set an OSC re sanctions for Plaintiff’s counsel’s failure to appear and failure to file the entry of default for July 17, 2023.

        On July 13, 2023, Plaintiff requested, and the clerk entered default against Defendant.  The Court imposed sanctions of $100.00 against Plaintiff’s counsel for failure to appear at the May 31, 2023 hearing and for failure to file its request for Entry of Default prior to that hearing.

        The Court continued the OSC re Entry of Default Judgment for August 24, 2023.  At the time, the Court stated that “[i]f default judgment has not been entered by that date, the Court will dismiss the action.”  (M.O., 7/17/23.)

        Plaintiff has again failed to file any of the documents required for Entry of Default Judgement.  In particular, Plaintiff did not submit its: (1) Form CIV-100, Request for Court Judgment; (2) Summary of the Case; (3) Evidentiary Declarations; (4) Interest Computations; (5) Attorney Fee Declaration; (6) Memorandum of Costs; (7) Form CIV-110, Request for Dismissal of Does; (8) Original Documents (if any); and (9) Form JUD-100, Proposed Judgment.

        Entry of Default Judgement is DENIED.  The case is DISMISSED without prejudice.