Judge: Robert B. Broadbelt, Case: 23STCV12649, Date: 2024-11-21 Tentative Ruling

Case Number: 23STCV12649    Hearing Date: November 21, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Thiago Tambuque   

RESPONDING PARTY:       n/a

Request for Court Judgment by Default

Plaintiff Thiago Tambuque (“Plaintiff”) requests that the court enter default judgment in his favor and against defendant Eden Atias (“Defendant”).

The court notes the following defects with Plaintiff’s request for default judgment.

First, Plaintiff’s request for default judgment, made on the mandatory Judicial Council form CIV-100, requests relief inconsistent with Plaintiff’s supporting papers.  Specifically, in the request for default judgment made on CIV-100, Plaintiff requests that the court enter default judgment in his favor and against Defendant in the total amount of $44,634.46, consisting of $34,856.40 in damages, $769.48 in interest, $3,478.58 in costs, and $5,530 in attorney’s fees.  (July 29, 2024 Request for Court Judgment, CIV-100, ¶ 2.)  However, in Plaintiff’s supporting brief and declarations, Plaintiff requests damages in the amount of $39,856.92, attorney’s fees in the amount of $7,900, and costs in the amount of $3,594.80.  (Sep. 16, 2024 Brief, pp. 8:10, 8:16-22.)  The request for default judgment must be accurately made on the mandatory Request for Entry of Default (Application to Enter Default) form.  (Cal. Rules of Ct., rule 3.1800, subd. (a).)

Second, although Plaintiff dismissed defendant Eden Atias Productions, Inc. on April 10, 2024, Plaintiff did not dismiss Doe defendants 1-5 as required.  (Cal. Rules of Ct., rule 3.1800, subd. (a)(7) [plaintiff must dismiss all parties against whom judgment is not sought].)

Third, Plaintiff did not lodge with the court a proposed judgment by default made on Judicial Council form JUD-100 as required.  (Cal. Rules of Ct., rule 3.1800, subd. (a)(6) [plaintiff must lodge proposed form of judgment]; July 3, 2024 Minute Order, p. 1 [ordering Plaintiff to file documents required by California Rules of Court, rule 3.1800, including proposed judgment on Judicial Council form JUD-100].)

The court therefore finds that it is appropriate, and exercises its discretion, to continue the hearing on the Order to Show Cause re entry of default judgment to December 16, 2024, at 8:30 a.m., in Department 53 to give Plaintiff an opportunity to correct the deficiencies set forth in this ruling.         

The court orders plaintiff Thiago Tambuque (1) to file a revised Request for Entry of Default (Application to Enter Default) form on Judicial Council form CIV-100 that includes the correct requests for relief, (2) to dismiss Doe defendants 1-5, and (3) to lodge with the court a proposed judgment by default on Judicial Council form JUD-100, no later than December 2, 2024.

IT IS SO ORDERED.

DATED:  November 21, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court