Judge: Thomas D. Long, Case: 21STCV12271, Date: 2023-04-06 Tentative Ruling

Case Number: 21STCV12271    Hearing Date: April 6, 2023    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

NATIONAL TITLE INSURANCE OF NEW YORK, INC.,

                        Plaintiff,

            vs.

 

DOES 1-50,

 

                        Defendants.

)

)

)

)

)

)

)

)

)

)

)

      CASE NO.: 21STCV12271

 

[TENTATIVE] ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

 

Dept. 48

8:30 a.m.

April 6, 2023

 

On April 1, 2021, Plaintiff filed this action against Does 1-50, alleging (1) fraud, (2) conversion, (3) unfair business practices, and (4) unjust enrichment.  Plaintiff later filed amendments to name thirteen of the Does.

On December 29, 2021, the Court entered default against Dora Elia Venegas (formerly Doe 1).  No other defaults have been entered.

On March 13, 2023, Plaintiff filed a request for entry of default judgment against Dora Elia Venegas.

Plaintiff seeks a judgment of $1,157,392.25, consisting of $700,313.06 in damages, $456,641.94 in prejudgment interest, and $437.25 in costs.

The requested $437.25 in costs is reasonable and allowable.

The $700,313.06 in damages represents the amount that Plaintiff wired to a Chase account based on fraudulent wiring instructions.  (Kropp Decl. ¶ 6.)  Plaintiff asserts that Dora Elia Venegas is the account holder for that Chase account.  (Ritter Decl. ¶ 3 & Ex. 2.)

However, the Complaint alleges that Does 1-50 all committed the wrongful conduct.  (E.g., Complaint ¶¶ 14-16, 22, 29, 35.)  “Where parties are jointly liable on the same obligation, it is improper to enter a default judgment against one while the action remains pending against others.”  (6 Witkin, Cal. Proc. (6th ed. March 2023 Update) Judgment by Default, § 171(2)(b).)  According to the filed proofs of service, only one other defendant has been served, and no other defendants are in default.  Therefore, the Court cannot enter a default judgment against Dora Elia Venegas at this time.

The request for entry of default judgment is DENIED WITHOUT PREJUDICE.  The Order to Show Cause Re: Dismissal for Failure to Enter Default Judgment is continued to July 6, 2023 at 08:30 AM in Department 48 at Stanley Mosk Courthouse remains on calendar.

Clerk to give notice.

 

         Dated this 6th day of April 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court