Judge: Serena R. Murillo, Case: 19STCV33493, Date: 2023-04-10 Tentative Ruling

Case Number: 19STCV33493    Hearing Date: April 10, 2023    Dept: 29

Tentative


The Court has reviewed the request for default and the declaration filed by Attorney Jessica Pride, filed March 6, 2023.
The Court cannot enter default or default judgment against a party who has filed an answer in the action. As acknowledged in Plaintiff Counsel in her declaration of March 6, 2023, and the docket on April 16, 2020, Defendant Tywon Ronell Lawson answered Plaintiff's complaint. 

If Plaintiff seeks to strike the answer or request a terminating sanctions, Plaintiff must so move before asking for entry of default and default judgment.  At this time, Plaintiff is not entitled to default against Defendant as a terminating sanction under CCP § 2023.030(d)(4).  

Moreover, it appears that the Court granted Defendant Lawson's attorney's Motion to be Relieved on April 22, 2021.  At that time, the court held, "The Court's Ruling and ATtorney's relief as Counsel fo record for client is not effective until Proof of Service of the ORder signed by the Court upon the client is filed in this action.  Until then, counsel continues to be counsel of record.  (Cal Rules of Court 3.1362(e).) ."

To date, Counsel for Defendant, Matthew R. Giacomini, Esq. and Robert Lawrence, esq. have not submitted Proof of Service of the Court's April 22, 2021 order. 

Court Clerk to give notice.