Judge: Teresa A. Beaudet, Case: BC687258, Date: 2022-08-23 Tentative Ruling

Case Number: BC687258    Hearing Date: August 23, 2022    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Raven Starre (“Plaintiff”) requests entry of default judgment against Defendants Peter Kirkpatrick, Mindy Weather, and Jason Starr. Plaintiff seeks judgment in the total amount of $23,000,000.00, comprising $23,000,000.00 demanded in the complaint.

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

First, Plaintiff’s Request for Court Judgment (Form CIV-100) indicates that Plaintiff requests judgment on the complaint filed on “12/12/2017.”[1] However, the operative complaint in this action is the Second Amended Complaint (“SAC”), which was filed on March 1, 2019. 

Second, Plaintiff’s Request for Court Judgment indicates that Plaintiff seeks a court judgment against “Mindy Weather.” (See Form CIV-100, Item 1(d).) However, “Mindy Weathers” is named as a defendant in the SAC. Plaintiff’s proposed Judgment (Form JUD-100) also lists the name “Mindy Weathers.”

Third, Item 1(e)(1) of the proposed Judgment should not be checked. 

Fourth, Item 6(b)(2) of the Request for Court Judgment does not specify the names and addresses shown on the envelopes mailed to defendants.

Fifth, Plaintiff filed a “Declaration of Travis R. Eagan in Support of Judgment Against Defaulted Defendants (1) Mindy Weathers, (2) Jason Starr, and (3) Peter Kirkpatrick.” This declaration references a number of exhibits, but those exhibits were not attached.

Sixth, Plaintiff filed a “Declaration of Plaintiff Raven Starre in Support of Default Judgment Against Defaulted Defendants (1) Mindy Weathers, (2) Jason Starr; and (3) Peter Kirkpatrick.” However, the declaration is not signed. The Court notes that Code of Civil Procedure section¿2015.5¿defines a¿“declaration”¿as a writing that is signed, dated, and certified as true under penalty of perjury.¿

Accordingly, 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:  August 23, 2022                             ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court