Judge: William A. Crowfoot, Case: 24AHCV00178, Date: 2024-06-24 Tentative Ruling


Case Number: 24AHCV00178    Hearing Date: June 24, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

OSCAR SILLER, et al.,

                    Plaintiff(s),

          vs.

 

SANG WON TOON, et al.,

 

                    Defendant(s).

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     CASE NO.:  24AHCV00178

 

[TENTATIVE] ORDER RE: APPLICATION FOR DEFAULT JUDGMENT

 

Dept. 3

8:30 a.m.

June 24, 2024

 

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Plaintiffs Oscar Siller (“Siller”) and Cesar Orejel (“Orejel”) (collectively, “Plaintiffs”) filed this action on January 29, 2024, against defendants Sang Won Toon (“Toon”) and Taehee Shin (“Shin”). Plaintiff allege that they were involved in a motor vehicle collision on August 2, 2022. The Complaint refers to a “Defendant” who drove into “Plaintiff’s vehicle” and harmed “Plaintiff.” The terms “Plaintiff” and “Defendant” are not defined despite naming two defendants and two plaintiffs. It is unclear which individual allegedly acted negligently and which individual suffered the alleged harm; therefore, the complaint fails to allege facts sufficient to state a claim. “A judge may not enter a default judgment against a defendant unless the plaintiff's complaint states a cause of action against the defendant. (Taliaferro v. Davis (1963) 216 Cal.App.2d 398, 409.) Accordingly, the application for default judgment is therefore DENIED.

 

Dated this 24th day of June, 2024

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.