Judge: Michael Shultz, Case: 24STCV16682, Date: 2025-06-10 Tentative Ruling

Case Number: 24STCV16682    Hearing Date: June 10, 2025    Dept: 40

24STCV16682 Douglas Woods Residential Development v. All Persons Unknown, etc.

Tuesday, June 10,  2025

QUIET TITLE ACTION. HEARING REQUIRED (Code Civ. Proc., § 764.010.)

[TENTATIVE] ORDER CONTINUING THE HEARING ON PLAINTIFF’S REQUEST FOR COURT JUDGMENT

I.        BACKGROUND

       Plaintiff commenced this action to quiet title against all persons unknown who claim title to real property known as 8000 Happy Lane, Los Angeles, California 90045.  Plaintiff amended the complaint to substitute Defendant, Margo R. Roberts, for Doe 1. (Amendment filed 7.29.2024.) Defendant acknowledged service of the summons and complaint. (Ntc. 12/3/24.) On October 2, 2024, the court entered default against All Persons Unknown Claiming Title. On December 27, 2024, the clerk entered Defendant’s default.

       Plaintiff’s request for court judgment is defective. To obtain a court judgment, Plaintiff must file and serve a request for court judgment on Judicial Council form CIV-100 and the following supporting documentation.

“(1) Except in unlawful detainer cases, a brief summary of the case identifying the parties and the nature of plaintiff's claim;

(2) Declarations or other admissible evidence in support of the judgment requested; [However, an evidentiary hearing in open court is required where judgment is sought in a quiet title action. (Code Civ. Proc., § 764.010; Paterra v. Hansen (2021) 64 Cal.App.5th 507, 533 [At the hearing, "both plaintiff and the defaulting defendant are entitled to ‘participate.’"].)

(3) Interest computations as necessary;

(4) A memorandum of costs and disbursements;

(5) A declaration of nonmilitary status for each defendant against whom judgment is sought;

(6) A proposed form of judgment;

(7) A dismissal of all parties against whom judgment is not sought [all DOE defendants] or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment;

(8) Exhibits as necessary; and

(9) A request for attorney fees if allowed by statute or by the agreement of the parties.” (Cal Rules of Court 3.1800. )

       None of the foregoing documents have been filed and served on Defendant. Accordingly, the court continues the prove-up hearing to August 13, 2025, at 9:00 a.m. in Department 40 of the Stanley Mosk Courthouse.  Plaintiff is ordered to comply with California Rules of Court rule 3.1800 and file and serve all required documents at least 10 court days before the hearing. Plaintiff is ordered to give notice.