Judge: Teresa A. Beaudet, Case: 24STCV09809, Date: 2025-03-11 Tentative Ruling

Case Number: 24STCV09809    Hearing Date: March 11, 2025    Dept: 50

 

 

 

Superior Court of California

County of Los Angeles

Department 50

 

JIMMY MORLET,

                        Plaintiff,

            vs.

HUDSON INSURANCE COMPANY, et al.,

                        Defendants.

Case No.:

24STCV09809 

Hearing Date:

March 11, 2025

Hearing Time:

10:00 a.m.

[TENTATIVE] ORDER RE: 

 

PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT

 

           

Plaintiff Jimmy Morlet (“Plaintiff”) requests entry of default judgment against Defendants Romo Auto Sales, LLC, Hudson Insurance Company, and Does 1 through 50 in the total amount of $90,000.

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

First, Plaintiff seeks entry of default judgment against Hudson Insurance Company, yet Hudson was ordered dismissed without prejudice on October 28, 2024 pursuant to an oral request made by Plaintiff. Default judgment cannot be entered against a dismissed party.

Second, there is a discrepancy between the amount of default judgment sought. On Plaintiff’s Request for Entry of Judgement (CIV-100) Plaintiff entered $90,000 as the total amount sought, which includes $50,000 demanded in the Complaint, but Plaintiff does not explain where the other $40,000 is derived from. On Plaintiff’s Default Judgment form (JUD-100) Plaintiff seeks default judgment in the amount of $50,000.

Third, Plaintiff improperly seeks to obtain judgment against Does 1 through 50 but has not served the Does. As such, Plaintiff cannot obtain judgment against them.

Fourth, as Plaintiff cannot obtain judgment against Does 1 through 50, Plaintiff has failed to file a request for dismissal as to the Doe Defendants. A party seeking a default judgment must file “[a] dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment…” (Cal. Rules of Court, rule 3.1800, subd. (a)(7).) 

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

 

 

DATED:  March 11, 2025                                     ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court