Judge: Peter A. Hernandez, Case: 24PSCV00420, Date: 2024-06-18 Tentative Ruling

Case Number: 24PSCV00420    Hearing Date: June 18, 2024    Dept: K

Plaintiffs Adriana Moreno Borrayo and Jose Ruben Moreno Mojica’s Application for

Default Judgment is DENIED without prejudice.

Background   

Plaintiffs Adriana Moreno Borrayo and Jose Ruben Moreno Mojica (together, “Plaintiffs”) allege as follows:

Plaintiffs’ sister, Elsa Armida Moreno Mojica (“Elsa”), falsified Plaintiffs’ mother’s signature on a quitclaim deed involving the property located at 1295 Cornelia St. in Pomona (“subject property”). On January 25, 2024, Elsa sold the subject property.

On February 9, 2024, Plaintiffs filed a complaint, asserting a cause of action against Elsa for:

1.                  Fraud

On April 17, 2024, Elsa’s default was entered.

A Case Management Conference is set for June 18, 2024.

Discussion

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

Plaintiffs’ default prove-up application is comprised of a Judicial Council Form CIV-100 “Request for Court Judgment,” a Judicial Council Form JUD-100 proposed judgment and a six-page “Declaration in Support of Default Judgment” (“Declaration”). The Declaration reflects non-compliance with Code of Civil Procedure § 2015.5. Further, Plaintiffs provide no evidence to the court in support of their assertion that Elsa “falsified signatures of [their] late mother and sold the property.” (Decl., 1:18-19). Plaintiffs have not authenticated Exhibits 1 and 2.