Judge: Stephen I. Goorvitch, Case: 23STCV01236, Date: 2024-01-26 Tentative Ruling

Case Number: 23STCV01236    Hearing Date: January 26, 2024    Dept: 39

Dayvonna Smith v. Annalusa Mastoianni-Johnson, et al., Case No. 23STCV01236

Plaintiff has sought entry of a default judgment based solely on the declaration of counsel, who lacks personal knowledge concerning the facts giving rise to liability (e.g., Plaintiff’s failure to receive rest and meal breaks, the amount of Plaintiff’s unpaid wages, Plaintiff having worked six days per week with overtime each day without receiving appropriate compensation, etc.)  Therefore, the Court advances and continues the OSC hearing from January 26, 2024, to February 13, 2024, at 8:30 a.m.  The Court orders Plaintiff’s counsel to file a declaration from his client with sufficient information to support the request for entry of default judgment on or before February 5, 2024.  The Court’s clerk shall serve this order upon Plaintiff’s counsel.  Further notice is not required.