TENTATIVE 

Plaintiff Yadira Moreno (“Plaintiff”) filed this action against defendants Force 12 Training Center, City of Los Angeles, and Does 1 to 50 for damages arising from a slip and fall on September 26, 2018 due to unsafe flooring.  

The City of Los Angeles was dismissed from the action after the Court sustained its demurrer without leave to amend. (Min. Order, March 14, 2023.) Dismissal was entered against Does 1 to 50 on April 15, 2024.   

Plaintiff now seeks default judgment against Force 12 Training Center.  

However, a defaulting defendant admits only the well pled facts concerning liability. (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361 [“Generally speaking, the party who makes default thereby confesses the material allegations of the complaint.”].) Here, the complaint alleges all defendants were the owners, care takers, and managers “of a building located in Los Angeles.” The complaint is uncertain because it fails to plead the material allegation of where Plaintiff’s injury occurred and fails to specify the building owned and maintained by remaining defendant Force 12 Training Center, such that it would be liable for Plaintiff’s alleged damages.  

If Plaintiff seeks to continue this action, Plaintiff must file an amended complaint which sufficiently pleads ultimate facts to state a cause of action against Force 12 Training Center. If Force 12 Training Center does not respond within the statutory period after proper service of the amended complaint, then Plaintiff may seek entry of default and court default judgment thereafter. The Court notes the age of this action, and Plaintiff must move diligently.  

Based on the foregoing, the application filed on April 12, 2024 is DENIED. Further, the Court sets an OSC Re: Dismissal For Failure To File Amended Complaint for ____________. The failure to appear may result in the imposition of sanctions, including monetary sanctions and/or dismissal.