Judge: Robert B. Broadbelt, Case: 21STCV33335, Date: 2023-08-07 Tentative Ruling

Case Number: 21STCV33335    Hearing Date: August 7, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Plaintiffs Aaron G. Villa and Armando Navarro

RESPONDING PARTY:       n/a

Plaintiffs’ Request for Court Judgment by Default

Plaintiffs Aaron G. Villa and Armando Navarro (“Plaintiffs”) previously requested the court (1) enter default judgment against defendant Extra Mile Staffing (“Defendant”); (2) order that the Certificate of Dissolution filed on March 4, 2021 (Filing No. D1618033) with regard to Extra Mile Staffing is cancelled, annulled, and declared void and of no effect whatsoever; and (3) order that Extra Mile Staffing (i) had a California Secretary of State Entity Number of 4604702, and (ii) is reinstated.

On March 28, 2023, the court issued an order denying Plaintiffs’ request for default judgment, finding, in relevant part, that Plaintiffs had not shown that they were entitled to an order setting aside the Certificate of Dissolution because Plaintiffs had not alleged facts or provided evidence establishing that they are the only shareholders or that they are otherwise authorized to set aside the certificate based on their status as shareholders. 

On June 21, 2023, the court issued a second order denying Plaintiffs’ request for court judgment by default and an order that the Certificate of Dissolution is void and set aside or that Extra Mile Staffing is reinstated, on the ground that Plaintiffs did not address the issue of standing that the court raised in its March 28, 2023 order.  The court noted that, although Plaintiffs filed further briefing in support of their request for default judgment, Plaintiffs did not present authority and argument establishing that they are entitled to set aside the Certificate of Dissolution solely because they are shareholders.

The court also (1) ordered Plaintiffs to file a set of default judgment documents no later than July 21, 2023, and (2) set an Order to Show Cause re: dismissal for Plaintiffs’ failure to prove up entry of default judgment on their third cause of action for cancellation of instrument.  However, Plaintiffs have not filed any additional documents in support of their request for court judgment by default.

The court therefore orders that this action, filed by plaintiffs Aaron G. Villa and Armando Navarro on September 9, 2021, is dismissed, for failure to prove their request for court judgment by default on the third cause of action for cancellation of instrument.

IT IS SO ORDERED.

DATED:  August 7, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court