Judge: Michael P. Linfield, Case: 3STCV03452, Date: 2023-10-16 Tentative Ruling
Case Number: 3STCV03452 Hearing Date: October 16, 2023 Dept: 34
PLAINTIFF'S
REQUEST FOR ENTRY OF DEFAULT JUDGMENT
I.
BACKGROUND
On February 16, 2023, Plaintiff Deutsche Bank National Trust Company
filed its Complaint against Defendant AmWest Surety Insurance Company on causes
of action of cancellation of instruments and declaratory relief.
On August 9, 2023, by request of Plaintiff, the Clerkâs Office entered
default on Defendant.
Plaintiff has not filed a Judicial Council Form CIV-100, Request for
Default Judgment, or any documentation in support of a request for default
judgment.
II.
ANALYSIS
The request is DENIED. Plaintiff has failed to submit multiple items
that are required, including: (1) CIV-100, Request for Entry of Court Judgment;
(2) Summary of Case; (3) Evidentiary Declaration(s); (4) Attorney Fee
Declaration (if any); (5) Memorandum of Costs (if any); (6) Request for
Dismissal of Does; (7) Original Documents (if any); and (8) Proposed Form of
Judgment.
The Court will
continue the OSC re Entry of Default Judgement until November 14, 2023.