TENTATIVE 

Plaintiff Nicholas Alcantar (“Plaintiff”) filed this action against defendants Rudy Alberto Rayo (“Rayo”), Jennifer Saavedra (“Saavedra”), Lydia Rodriguez (“Rodriguez”), and Does 1 to 100 for damages arising from Plaintiff being punched in the face and kicked. Plaintiff sets forth three causes of action for assault, battery, and intentional infliction of emotional distress against Rayo, Saavedra, and Rodriguez. Plaintiff’s fourth cause of action for negligence against all defendants. Plaintiff then filed an amendment to complaint naming Down and Out Bar as Doe 1. 

The requests for default judgment submitted on January 16, 2024 are DENIED for the following reasons: 

First, Plaintiff only filed a request for court judgment against Rayo and request for court judgment against Rodriguez on January 1, 2024. No default package (CIV-100, JUD-100, and declaration) was filed for Saavedra or for Down and Out Bar (Doe 1). Unless Plaintiff plans on dismissing Saavedra and Down and Out Bar (Doe 1) from this action, Plaintiff must request court default judgment against all named defendants simultaneously to avoid double recovery.  

Second, Plaintiff has not dismissed all unnamed Doe defendants (i.e. Does 2 to 100). (CRC 3.1800(a)(7).) 

Third, the Court notes that Plaintiff appears to be seeking duplicative damages against Rayo and Rodriguez. If all the named defendants whom Plaintiff seeks default judgment against are jointly and severally liable for the same amount, then Plaintiff must submit one JUD-100 identifying all jointly and severally liable defendants in Item 5(a). Otherwise, if defendants are not jointly and severally liable for the same amount, Plaintiff must submit admissible evidence substantiating the liability and individual damages sought against each separate defendant. 

No later than __________, Plaintiff is to submit a new default judgment package correcting these defects.  Failure to do so may result in the imposition of sanctions, including monetary sanctions and/or dismissal. The OSC re entry of default judgment is continued to _________.