Judge: Serena R. Murillo, Case: BC627799, Date: 2022-10-10 Tentative Ruling
Case Number: BC627799 Hearing Date: October 10, 2022 Dept: 29
Request for Court Judgment
against Jonathan Del Carmen, Andrew Garcia, Alejandra Guerrero and Alberto
Ochoa
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Tentative: On July 11,
2022, the Court continued the matter to allow Plaintiff to correct the
following issues:
(1) The Statement of Damages filed
are blank, which is improper. While there is a proof of service that Statement
of Damages was filed, the proof of service does not attach the actual Statement
of Damages served on Defendants. As such, if Plaintiffs served Defendants with
a blank Statement of Damages, they must file and serve a new Statement of
Damages listing the amounts they are seeking in default judgment. The Court
cannot grant default judgment in an amount that is more than the amount in the Statement
of Damages served on Defendant. Plaintiffs are to either file and serve a new Statement
of Damages on Defendant, or file a copy of the Statement of Damages served on
Defendant, showing that the Statement of Damages states the same amount (or
more) they are now seeking in default judgment.
(2)
To the extent Plaintiff seeks judgment against all defendants jointly and
severally, Plaintiff may file one CIV-100 for all defendants, which must be
completely filled out. The Court notes that item 2 on the CIV-100 for Jonathan
Del Carmen is blank, which is improper. Further, there is no CIV-100 for
Alberto Ochoa or Andrew Garcia.
(3) There is no
affidavit or declaration under penalty of perjury under the laws of the State
of California to prove the amount of damages sought.
Plaintiff has not yet filed a new
default judgment packet.