Judge: Rupert A. Byrdsong, Case: 23STCV10202, Date: 2025-05-30 Tentative Ruling

Case Number: 23STCV10202    Hearing Date: May 30, 2025    Dept: 28

Tentative Ruling

Judge Rupert A. Byrdsong

Department 28

Hearing Date:                                  May 30, 2025

Case Name:                                      Delgadillo v. Alexandru & Associates LLC

Case No.:                                           23STCV10202

Motion:                                              Default Judgment

Moving Party:                                 Plaintiff Patricia Adela Castro Delgadillo

Responding Party:                         Unopposed

Notice:                                                OK

Recommended Ruling:               Plaintiffs’ request for entry of default judgment in her favor                                                                      and against Defendant is DENIED.

BACKGROUND

On May 8, 2023, Plaintiff Patricia Adela Castro Delgadillo (“Plaintiff”) filed a complaint against Alexandru & Associates LLC (“Defendant”) and Does 1 through 50. Plaintiff alleged causes of action for (1) breach of warranty of habitability, (2) breach of covenant of quiet enjoyment, (3) negligence, and (4) breach of contract. On November 14, 2023, Plaintiff filed a First Amended Complaint, raising the same causes of action against the same Defendants.

Plaintiff alleges she was a residential tenant of a piece of real property located at 1430 Wright Street, Los Angeles, California 90015. Plaintiff claims Defendant owned and managed the property. Allegedly, the premises suffered from several uninhabitable defects, including insect infestation, deteriorated flooring, improper maintenance, faulty plumbing, sanitary issues, and electrical problems. Plaintiff claims she gave notice of the conditions to Defendant, but Defendant failed to abate any of the issues on the property. Plaintiff claims she suffered physical and emotional injuries.

Plaintiff substitute served Defendant on November 20, 2023. On February 27, 2025, the Clerk entered Defendant’s default. This is Plaintiff’s first request for entry of default judgment.

ANALYSIS

Code of Civil Procedure (“CCP”) Section 585 permits entry of a judgment after a defendant’s default has been entered.  A party seeking judgment on the default by the Court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP Section 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  CRC 3.1800.

JC Form CIV-100 must be used to request court judgment.  Item number 2 must be completed.  Item number 8 must be completed if the Defendant is an individual.  Plaintiff must submit a proposed form of judgment. 

Here, Plaintiff has submitted a proposed form of judgment using a JUD-100 form. However, Plaintiff has not filed a CIV-100 form with the box checked to indicate that Plaintiff is seeking a Court judgment. Moreover, Plaintiff has not dismissed the Doe Defendants from this case. To obtain default judgment, Plaintiff must properly file a CIV-100 form seeking entry of Court Judgment and dismiss the Doe defendants.

CONCLUSION

Accordingly, Plaintiff’s request for entry of default judgment in her favor and against Defendant is DENIED.