Judge: Teresa A. Beaudet, Case: 24STCP00786, Date: 2024-12-03 Tentative Ruling

Case Number: 24STCP00786    Hearing Date: December 3, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Petitioner The Cemetery and Funeral Bureau, Department of Consumer Affairs, State of California (“Petitioner”) appears to request entry of default judgment against Respondents Lincoln Memorial Park, Inc., and John Michael Mintz. 

The Court notes a few defects with the submitted default judgment package.

First, Item 6(b)(2) of the request for court judgment (Form CIV-100) references an “Attachment A.” However, no “Attachment A” appears to be included with the request. Thus, it is unclear who the request was purportedly mailed to. The Court notes that pursuant to ¿Code of Civil Procedure section 587¿, “[a]n application by a plaintiff for entry of default under subdivision (a), (b), or (c) of¿¿Section 585¿¿or¿¿Section 586¿¿shall include an affidavit stating that a copy of the application has been mailed to the defendant’s attorney of record or, if none, to the defendant at his or her last known address and the date on which the copy was mailed. If no such address of the defendant is known to the plaintiff or plaintiff’s attorney, the affidavit shall state that fact. No default under subdivision (a), (b), or (c) of¿¿Section 585¿¿or¿¿Section 586¿¿shall be entered, unless the affidavit is filed. The nonreceipt of the notice shall not invalidate or constitute ground for setting aside any judgment.”

Second, Item 1(b) of the request (Form CIV-100) also references an “Attachment A.” As discussed, no Attachment A appears to have been provided with the request.

Third, Petitioner submitted a “[Proposed] Judgment in Favor of Petitioner the Cemetery and Funeral Bureau” providing that “[d]efault having been entered against Respondents Lincoln Memorial Park, Inc., and John Michael Mintz, and the application for appointment of a temporary cemetery manager for the Petitioner, The Cemetery and Funeral Bureau having been granted, the Court hereby enters JUDGMENT in favor of the Petitioner, The Cemetery and Funeral Bureau, Department of Consumer Affairs, State of California.” However, a request for default judgment is before the Court, not the foregoing application. In addition, the proposed judgment does not specify the specific relief Petitioner seeks. Rather, the proposed judgment provides that “the Court hereby enters JUDGMENT in favor of the Petitioner…”

Fourth, Petitioner also submitted a “[Proposed] Order Granting the First Amended Petition of the Cemetery and Funeral Bureau and Appointing a Temporary Cemetery Manager Over Lincoln Memorial Park, Inc.” This proposed order provides, inter alia, that the Court “GRANTS THE FIRST AMENDED PETITION OF The Cemetery and Funeral Bureau, Department of Consumer Affairs, State of California.” However, Petitioner’s request for default judgment is before the Court, not Petitioner’s First Amended Verified Petition. In addition, the Court notes that a proposed judgment is required to be submitted in connection with the request for default judgment as opposed to a proposed order. Pursuant to California Rules of Court, rule 3.1800, subdivision (a)(6), the request for default judgment must include “[a] proposed form of judgment.”

Fifth, the proposed order also provides, inter alia, that “IT IS FURTHER ORDERED if Juan A. Martinez is unable to serve as temporary cemetery manager, then the Cemetery and Funeral Bureau is authorized to designate and appoint a qualified California licensed cemetery manager as Lincoln Memorial Park, Inc.’s temporary cemetery manager for the maintenance and upkeep of Lincoln Memorial Park, Inc., Lincoln Memorial Park Cemetery, located at 16701 S. Central Ave., Carson, CA 90746.” However, this order appears to exceed the relief requested in Petitioner’s First Amended Verified Petition. The “Prayer” indicates that Petitioner seeks “[a]n order appointing a cemetery manager licensed by the Cemetery and Funeral Bureau as the temporary cemetery manager of Lincoln Memorial Park, Inc., Lincoln Memorial Park Cemetery, and further order that the manager’s authority only extends to care and maintenance of the cemetery and that a temporary cemetery manager is required to cooperate with the Bureau for the authorization of interments and disbursement of funds from the Endowment Care Fund and Special Care Fund.” (First Amended Verified Petition, p. 7.) The Court notes that that “¿[a] complaint…shall contain…the following:…(2) A demand for judgment for the relief to which the pleader claims to be entitled. If the recovery of money or damages is demanded, the amount demanded shall be stated.¿” (¿Code Civ. Proc., § 425.10, subd. (a)¿.) ¿Code of Civil Procedure section 580, subdivision (a)¿ “¿limits a trial court’s jurisdiction to grant relief on a default judgment to the amount stated in the complaint.¿” (¿Dhawan v. Biring (2015) 241 Cal.App.4th 963, 968¿.) “[I]n all default judgments the demand sets a ceiling on recovery.” ((Finney v. Gomez (2003) 111 Cal.App.4th 527, 534.) 

Based on the foregoing, the Court denies Petitioner’s request for default judgment without prejudice. The Court will discuss with Petitioner a schedule for resubmission of the default judgment package.

DATED:  December 3, 2024                          ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court