Judge: Serena R. Murillo, Case: 20STCV13089, Date: 2022-09-27 Tentative Ruling
Case Number: 20STCV13089 Hearing Date: September 27, 2022 Dept: 29
Viktoriia Alexandrovna Mazheika v. Queensview Owner
Association
Request for Court Judgment
against Defendant Queensview Owner Association
Tentative: On July 11,
2022, the court continued the matter to allow Plaintiff to correct the
following issues:
1)
Plaintiff has not shown entitlement to $148.02 of
costs. Plaintiff has not specified what these costs are for where it says “specify”
under the memorandum of costs of Form CIV-100. The Court previously stated in
its 4/11/1022 minute order that Plaintiff has not shown that Lyft costs of
$148.02 are allowable under CCP
1033.5(a).
2) General damages
of $200,000 are excessive in light of special damages in the amount of
$1,797.54. The Court may only award general damages in an amount that is at
most three times special damages.
Plaintiff
has yet to file a new default packet correcting the deficiencies.
California Rules of Court, rule 3.110 requires Plaintiff to obtain entry of default a within 10 days after the time for service has elapsed and a default judgment within 45 days after the default was entered. California Rules of Court, rule 3.740 requires obtaining a default judgment within 365 days of the filing of the complaint. Pursuant to Gov. Code § 68608, trial courts shall have the power to impose sanctions to enforce the requirements of a delay reduction program, including the power to striking pleadings or dismissing actions if less severe sanctions are ineffective. LASC local rule 3.10 allows the Court to impose sanctions for the failure or refusal to comply with time standards or deadlines. Moreover, the court is mindful of Garcia v. McCutchen (1997) 16 Cal.4th 469.
Accordingly, the court will set one more OSC for Plaintiff to obtain a Default Judgment or otherwise the court will impose a sanction, including dismissal.
