Judge: Robert B. Broadbelt, Case: 23STCV26932, Date: 2024-03-01 Tentative Ruling

Case Number: 23STCV26932    Hearing Date: March 1, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Zenayda Servin        

RESPONDING PARTY:       n/a

Request for Court Judgment by Default

Plaintiff Zenayda Servin (“Plaintiff”) filed the Complaint in this action on November 2, 2023, against defendants Luis A. Perez d/b/a Alameda Motors and Felipe Perez d/b/a Fix and Go Auto Repair (“Defendants”).

On December 7, 2023, the clerk entered the defaults of Defendants.  Thereafter, on January 9, 2024, Plaintiff filed documents in support of a request for court judgment by default against Defendants. 

The court notes several defects with Plaintiff’s request for court judgment by default against Defendants.

First, although Plaintiff filed declarations and a proposed judgment, Plaintiff did not file a request for default judgment against Defendants on the mandatory “Request for Entry of Default (Application to Enter Default)” on Judicial Council form CIV-100 as required.  (Cal. Rules of Ct., rule 3.1800, subd. (a).)

Second, although Plaintiff appears to request an award of interest, Plaintiff did not submit a declaration adequately setting forth the calculation of interest requested.  (Cal. Rules of Ct., rule 3.1800, subd. (a)(3)l JUD-100, ¶ 6.)  

The court therefore denies plaintiff Zenayda Servin’s request for court judgment by default against defendants Luis A. Perez d/b/a Alameda Motors and Felipe Perez d/b/a Fix and Go Auto Repair, without prejudice to plaintiff Zenayda Servin’s filing a revised set of default judgment documents required by California Rules of Court, rule 3.1800.

IT IS SO ORDERED.

DATED:  March 1, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court