Judge: Michael Shultz, Case: 21CMCV00232, Date: 2022-08-02 Tentative Ruling
Case Number: 21CMCV00232 Hearing Date: August 2, 2022 Dept: A
21CMCV00232
Capital One, N.A. vs. Patrick Bell
[TENTATIVE] ORDER
The complaint
alleges a claim to recover a vehicle purchased by Defendant, who obtained a
loan from Plaintiff for the purchase of the vehicle. Defendant defaulted on the
loan payments. Plaintiff has a security interest in the vehicle, and now seeks
judgment for possession.
The request for
court judgment is denied for Plaintiff’s failure to obtain entry of default
against Defendant, Patrick Bell, prior to requesting a court judgment. Code
Civ. Proc., 585(a) ["the clerk, upon written application of the plaintiff,
and proof of the service of summons, shall enter the default of the defendant
or defendants, so served.”]. Additionally, Plaintiff must comply with the
requirements for submitting a Request for Court Judgment, which requires the
use of mandatory Judicial Council Forms (CIV-100). California Rules of Court
3.1800.
Accordingly, the
request is DENIED. The court continues the Case Management Conference to
October 6, 2022 at 8:30 a.m. in Department A of the Compton courthouse.
Plaintiff is ordered to obtain a Request for Default Entry on the appropriate
Judicial Council form and resubmit the Request for Court Judgment that complies
with Rule 3.1800 no less than 10 court days before the continued hearing date.