Judge: Theresa M. Traber, Case: 24STCV26116, Date: 2025-03-13 Tentative Ruling

Case Number: 24STCV26116    Hearing Date: March 14, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     March 13, 2025                      TRIAL DATE: NOT SET

CASE:                         Jermaine Walker v. US Bank N.A., et al.

CASE NO.:                 24STCV26116           

MOTION FOR ENTRY OF DEFAULT

MOVING PARTY:               Plaintiff Jermaine Walker in pro per

RESPONDING PARTY(S): Defendant s US Bank, N.A., and Mirza Baig.

CASE HISTORY:

·         10/08/24: Complaint filed.

·         10/16/24: First Amended Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for conversion. Plaintiff alleges that Defendants withdrew money from his personal bank account without authorization.

Plaintiff moves for entry of default against Defendants.

TENTATIVE RULING:

Plaintiff, although styling his request as a “Motion to Vacate Order,” moves for entry of default against Defendants. Plaintiff filed the operative First Amended Complaint on October 16, 2024. Plaintiff filed a putative proof of personal service on the Defendants of that pleading on December 6, 2024, stating that service had been effectuated on October 28, 2024. (Proof of Service.) On December 24, 2024, Plaintiff requested entry of default against the Defendants, which was denied on January 14, 2025, for procedural errors. (January 14, 2024 Notice of Rejection of Default.) Defendants filed an Answer to the First Amended Complaint on January 16, 2025.

Plaintiff contends that Defendants’ Answer is invalid because it was filed after the statutory time to respond to the First Amended Complaint, and, therefore, that the clerk should have accepted Plaintiff’s subsequent requests for entry of default. Not so. Well-established authority holds that a belated pleading is sufficient to avoid default so long as default has not yet been entered when the pleading is filed. (Goddard v. Pollock (1974) 37 Cal.App.3d 137. 141, see also Reher v. Reed (1913) 166 Cal. 525, 528; Bank of Haywards v. Keynon (1917) 32 Cal.App. 635, 636-37.)

Plaintiff is therefore not entitled to the relief he seeks.

Accordingly, Plaintiff’s Motion for Entry of Default is DENIED.

Moving Party to give notice.

IT IS SO ORDERED.

Dated:  March 13, 2025                                  ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.