Judge: Michelle C. Kim, Case: 19STCV18989, Date: 2023-12-18 Tentative Ruling
Case Number: 19STCV18989 Hearing Date: December 18, 2023 Dept: 31
DEPT:
| 31 |
OSC DATE:
| 12/18/2023 |
CASE NAME/NUMBER:
| 19STCV18989 ROBERT CLARK vs EL MONTE SS PROPERTIES, LLC |
REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]:
| TEMPLE CB, LLC |
RECOMMENDATION:
| DENY WITH PREJUDICE for reasons stated below. |
TENTATIVE
The request for default judgment submitted on October 16, 2023 is DENIED with prejudice for the following reasons:
As relevant to this request for default judgment, Plaintiff filed an amendment to complaint on October 17, 2019 naming Temple CB, LLC as Doe 1.
On January 18, 2022, Plaintiff obtained Temple CB, LLC’s default.
However, on May 4, 2022, Plaintiff dismissed without prejudice Does 1 to 50. Because Temple CB, LLC was named as Doe 1, Plaintiff had dismissed Temple CB, LLC from the action.
On April 26, 2023, the Court denied Plaintiff’s motion to vacate dismissal as to Temple CB, LLC (Doe 1) on the grounds that Plaintiff waited over six months from the date of dismissal to move for relief.
On July 28, 2023, the Court denied Plaintiff’s motion for reconsideration to set aside the dismissal of Temple CB, LLC.
Therefore, to date, Temple CB, LLC remains dismissed. Plaintiff cannot enter default judgment against a dismissed defendant.