Judge: Robert B. Broadbelt, Case: 22STCV20978, Date: 2023-10-26 Tentative Ruling

Case Number: 22STCV20978    Hearing Date: October 26, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Plaintiffs Lindsay Hughes and Connie Hughes

RESPONDING PARTY:       n/a

Request for Court Judgment by Default

Plaintiffs Lindsay Hughes and Connie Hughes (“Plaintiffs”) request that the court enter judgment by default against defendant Gregory D. Brandon (“Defendant”).

The court notes several defects with Plaintiffs’ default judgment papers.

First, Plaintiffs have not submitted the mandatory Request for Entry of Default (Application to Enter Default) on Judicial Council form CIV-100.  (Cal. Rules of Ct., rule 3.1800.)

Second, although Plaintiffs have submitted a proposed Judgment on Judicial Council form JUD-100 and supporting declarations, it is unclear the amount of judgment that Plaintiffs are seeking.  Although Plaintiffs prayed for damages in the amount of $1,000,000 in their Complaint, Plaintiffs have not requested that the court award any damages.  (JUD-100, ¶ 6.)  Further, although Plaintiffs have submitted their declarations, which may show that they have proven that they are entitled to some damages, Plaintiffs have nowhere indicated the total amount of damages that they seek.  (C. Hughes Decl., ¶ 14 [“I asked the court to enter judgment on my behalf”]; L. Hughes Decl., ¶ 23 [“I asked the court to enter judgment on my behalf”].)

Third, the court notes that Plaintiffs appear to request prejudgment interest.  (C. Hughes Decl., ¶ 12; L. Hughes Decl., ¶ 14.)  However, Plaintiffs have not set forth the exact calculations used to determine the amount of interest requested as required.  (Cal. Rules of Ct., rule 3.1800, subd. (a)(3).)

Finally, the court notes that Plaintiffs have not dismissed Doe defendants 1-10.  (Compl., p. 1 [naming as defendants “DOES 1 TO 10”]; Cal. Rules of Ct., rule 3.1800, subd. (a)(7).)

The court therefore denies plaintiffs Lindsay Hughes and Connie Hughes’s request for court judgment by default against defendant Gregory D. Brandon, without prejudice to plaintiffs Lindsay Hughes and Connie Hughes’s filing new default judgment papers that cure the defects set forth above.

The court orders that the Order to Show Cause re entry of default judgment is continued to February 2, 2024, at 8:30 a.m., in Department 53.

The court orders plaintiffs Lindsay Hughes and Connie Hughes to file new default judgment documents required by California Rules of Court, rule 3.1800 (including a proposed judgment on form JUD-100) no later than December 15, 2023.    

IT IS SO ORDERED.

DATED:  October 26, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court