Judge: Thomas D. Long, Case: 22STCV20444, Date: 2025-01-27 Tentative Ruling


Case Number: 22STCV20444    Hearing Date: January 27, 2025    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

RANDALL K. LAHR,

                        Plaintiff,

            vs.

 

CHRISTINA LINEHAN, et al.,

 

                        Defendants.

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      CASE NO.: 22STCV20444

 

[TENTATIVE] ORDER DENYING PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

 

Dept. 48

8:30 a.m.

January 27, 2025

 

On June 22, 2022, Plaintiff Randall K. Lahr filed this action against Defendants Christina Linehan and Dan Madonia.  On December 26, 2024, Plaintiff filed this request for entry of default judgment.

As a preliminary matter, the Court’s docket does not contain an entry of default by the clerk.  Plaintiff must file a revised CIV-100 that corrects the errors identified in the many Notices of Rejection Default/Clerk’s Judgment.

Plaintiff seeks a judgment of $52,585.00, consisting of $52,000.00 in damages and $585.00 in costs.

“‘Plaintiffs in a default judgment proceeding must prove they are entitled to the damages claimed.’  [Citation].”  (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 288.)  “[T]he plaintiff must affirmatively establish his entitlement to the specific judgment requested.” (Id. at p. 287.)

The only evidence in support of Plaintiff’s $52,000.00 in damages is Plaintiff’s declaration that he “has suffered $52,000.00 in damages to make necessary repairs to remove all alterations and make neglected repairs” due to Defendants’ breach of contract.  The Court requires additional evidence of these damages before entering the judgment.

The request for entry of default judgment is DENIED WITHOUT PREJUDICE.

An Order to Show Cause Re: Dismissal for Failure to Enter Default Judgment is scheduled for April 28, 2025 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

 

         Dated this 27th day of January 2025

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court