Judge: Randall J. Sherman, Case: 2018-01009742, Date: 2022-10-28 Tentative Ruling
The tentative ruling is to continue the Default Prove-Up Hearing to April 27, 2023 at 9:00 a.m. Plaintiff Ruby Hunter is ordered to file supplemental papers to have a default judgment entered against defendant Coast to Coast Towing, Inc. by December 31, 2022.
Plaintiff has disregarded the court’s Minute Order of July 19, 2022 that plaintiff follow up on the court’s November 24, 2021 rejection of her Default Judgment request. California Rules of Court, Rule 3.110(h), provides: “When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time. The court may issue an order to show cause why sanctions should not be imposed if that party fails to obtain entry of judgment against a defaulting party or to request an extension of time to apply for a default judgment within that time.” The default of defendant Coast to Coast Towing, Inc. was entered on November 16, 2021, well over 45 days ago, and in fact almost one year ago, but plaintiff has not followed up on the court’s rejection of her Default Judgment request on November 24, 2021. At the next hearing this court might set an order to show cause re sanctions if plaintiff does not comply with her legal obligations.