Judge: Robert B. Broadbelt, Case: 24STCV08220, Date: 2025-03-07 Tentative Ruling

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Case Number: 24STCV08220    Hearing Date: March 7, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

 

 

catarina aracely ramos ;

 

Plaintiff,

 

 

vs.

 

 

fruitland coffee , et al.;

 

Defendants.

Case No.:

24STCV08220

 

 

Hearing Date:

March 7, 2025

 

 

Time:

8:30 a.m.

 

 

 

Order RE:

 

plaintiff’s request for court judgment by default

 

 

MOVING PARTY:                 Plaintiff Catarina Aracely Ramos

 

RESPONDING PARTY:       n/a

Request for Court Judgment by Default

Plaintiff Catarina Aracely Ramos (“Plaintiff”) requests default judgment against defendant Irene Gonzalez Vicencio, an individual, d/b/a Fruit and Coffee and Fruitland Coffeetime (“Defendant”) in the total amount of $188,667.88, consisting of (1) $174,550 in damages, (2) $9,133.98 in interest, (3) $1,348.40 in costs, and (4) $3,635.50 in attorney’s fees.

The court finds that Plaintiff has not complied with California Rules of Court, rule 3.1800 because Plaintiff filed an incomplete “Request for Court Judgment.”

Plaintiff filed the pending request for court judgment (Judicial Council form CIV-100) on December 26, 2024.  However, Plaintiff did not complete the declaration of nonmilitary status in section 8, which is required for judgment.  (Dec. 26, 2024 CIV-100, ¶ 8; Cal. Rules of Ct., rule 3.1800, subd. (a)(5) [a party seeking default judgment must include “[a] declaration of nonmilitary status for each defendant against whom is sought”].)

The court therefore denies plaintiff Catarina Aracely Ramos’s request for court judgment by default, without prejudice to plaintiff Catarina Aracely Ramos’s filing revised default judgment documents that are complete and comply with California Rules of Court, rule 3.1800.

IT IS SO ORDERED.

 

DATED:  March 7, 2025

 

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court