Judge: Robert B. Broadbelt, Case: 23STCV30421, Date: 2025-01-17 Tentative Ruling
Case Number: 23STCV30421 Hearing Date: January 17, 2025 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
53
|
vs. |
Case
No.: |
23STCV30421 |
|
|
|
|
|
Hearing
Date: |
January
17, 2025 |
|
|
|
|
|
|
Time: |
|
|
|
|
|
|
|
[tentative]
Order RE: plaintiff’s request for court judgment by
default |
||
MOVING PARTY: Plaintiff Oust, LLC
RESPONDING PARTY: n/a
Plaintiff’s Request for Court Judgment by Default
Plaintiff Oust, LLC (“Plaintiff”) requests that the court enter
default judgment in its favor and against defendants Draft Champ, Ben Frazier, and
Charley Harris (“Defendants”)[1]
in the total amount of $383,411.94, consisting of (1) damages in the amount of
$300,048, (2) interest in the amount of $78,990.78, and (3) costs in the amount
of $4,373.16.
The court finds that Plaintiff has not complied with California Rules
of Court, rule 3.1800, because Plaintiff did not dismiss the Doe defendants and
therefore did not dismiss “all parties against whom judgment is not sought” as
required. (Cal. Rules of Ct., rule
3.1800, subd. (a)(7); Compl. [identifying as defendants Doe defendants 1-10].)
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 February 14, 2025, at 8:30 a.m., in Department 53.
The court orders plaintiff Oust, LLC to file a Request for Dismissal
of all parties against whom judgment is not sought no later than January 27,
2025.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court
[1]
Pursuant to Plaintiff’s Request for Dismissal, the clerk dismissed defendant
Casey Clyde on March 12, 2024. (Mar. 8,
2024 Req. for Dismissal, ¶¶ 1, 5.)