Judge: Teresa A. Beaudet, Case: 24STCV00406, Date: 2025-04-10 Tentative Ruling

Case Number: 24STCV00406    Hearing Date: April 10, 2025    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Audrey Best (Plaintiff) requests entry of default judgment against Defendant Gemma R. Capispisan. Plaintiff seeks judgment in the total amount of $27,785.00, comprising $18,000.00 in general damages, $9,185.00 in special damages, and $600.00 in costs.

The Court notes that Plaintiff has not satisfied the declaration of non-military status required under CCP § 585. Plaintiff states that they, “[d]o not have date of birth” as an explanation for how they know Defendant has non-military status. (Form CIV-100(8)(f).) This is insufficient, and this Court cannot proceed until Defendant’s military status is known.

Plaintiff also supplied multiple exhibits supporting the damages sought. However, Plaintiff did not authenticate these documents as true and correct copies. (See generally, Best Decl.) This is a minor issue, but Plaintiff should correct it.

Additionally, the Court notes that the proposed order submitted by Plaintiff on March 12, 2025, indicates that Plaintiff seeks $600.00 in costs and no attorney fees (Form CIV-100(2).)  However, the proposed judgment (Form JUD-100(6)) submitted on the same day indicates Plaintiff seeks $600.00 in attorney fees, and no costs. Given that Plaintiff included a Cost Memorandum totaling $600.00, this is clearly a small typographical error. (Form CIV-100(7).) Plaintiff must correct this.

For these reasons, the Court denies Plaintiff’s Request for Default Judgment.

Plaintiff may file a revised proposed order. If the foregoing defects are corrected, the Court will grant Plaintiff’s request for default judgment.  

DATED:  April 10, 2025                          ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court