Judge: Thomas Falls, Case: 22PSCV00892, Date: 2023-01-09 Tentative Ruling

Case Number: 22PSCV00892    Hearing Date: January 9, 2023    Dept: O

Plaintiff Mary Irene Recinto’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Mary Irene Recinto (“Plaintiff”) alleges as follows:

On September 26, 2017, Defendant Justin Michael Anderson (“Defendant”) executed a promissory note in Plaintiff’s favor, wherein he promised to pay Plaintiff $44,000.00 in monthly installments of $100.00 commencing November 2017, with the balance due June 1, 2020. Defendant has failed to pay the balance.

On August 22, 2022, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-10 for:

1.                  Breach of Contract

2.                  Common Counts

On November 8, 2022, Defendant’s default was entered.

A Case Management Conference and an Order to Show Cause Re: Failure to File Proof of Service are set for January 9, 2023.

Discussion

Plaintiff’s Application for Default Judgment is denied without prejudice. The following defects are noted:

1.                  Plaintiff has failed to dismiss the Doe defendants.

2.                  Plaintiff has failed to submit a brief summary of the case, as per California Rules of Court rule 3.1800, subdivision (a)(1).