Judge: Peter A. Hernandez, Case: 21PSCV00966, Date: 2022-09-06 Tentative Ruling

Case Number: 21PSCV00966    Hearing Date: September 6, 2022    Dept: O

Plaintiff Norma Lares’ Application for Default Judgment is DENIED without prejudice.

 

Background   

 

Plaintiff Norma Lares (“Plaintiff”) alleges as follows:

 

On or about May 19, 2021, Plaintiff entered into an oral contract with Sergio Gonzales (“S. Gonzales”), Antonio Gonzales (“A. Gonzales”), Ignacio Gutierrez (“Gutierrez”) and Oscar Fragoso Rodriguez (“Rodriguez”) (collectively, “Defendants”), wherein Plaintiff agreed to pay $16,000.00 to Defendants in exchange for Defendants’ performance of certain construction work on Plaintiff’s residence located at 18012 E. Renwick Rd., Azusa, CA 91702 (“subject property”). Defendants have failed to perform all of the work and performed substandard work.

 

On November 23, 2021, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-50 for:

 

  1. Breach of Contract

  2. Professional Negligence

  3. Breach of Covenant of Good Faith and Fair Dealing—Contract

  4. Breach of Covenant of Good Faith and Fair Dealing—Tort

  5. Unjust Enrichment

 

On May 23, 2022, S. Gonzales’ default was entered; that day, Plaintiff dismissed A. Gonzales, Gutierrez and Rodriguez, without prejudice.

 

An Order to Show Cause Re: Why the Matter Should Not Be Dismissed for Plaintiff’s Failure to Prosecute and an Order to Show Cause Re: Default Judgment are set for September 6, 2022.

 

Discussion

 

Plaintiff’s Application for Default Judgment is denied without prejudice. The following defects are noted:

 

  1. Paragraph 2.c. of Plaintiff’s Request for Entry of Default Judicial Council For CIV-100 is silent with respect to interest; however, Plaintiff requests prejudgment interest of $1,441.02 in ¶ 9 of her declaration. in ¶ 8 of her Statement of Case and in ¶ 1 of her proposed judgment. This discrepancy must be reconciled.

  2. Plaintiff has failed to provide the court with a translation of Exhibit 1 attached to the Statement of Case from a certified translator. (CRC Rule 3.1110, subd. (g); Evid. Code § 751; Gov. Code § 68561.)

  3. Plaintiff has failed to authenticate her exhibits.