Judge: William A. Crowfoot, Case: 24NNCV04436, Date: 2025-03-13 Tentative Ruling
Case Number: 24NNCV04436 Hearing Date: March 13, 2025 Dept: 3
SUPERIOR COURT OF THE STATE OF
CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - NORTHEAST
DISTRICT
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Plaintiff(s), vs. Defendant(s). |
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[TENTATIVE]
ORDER RE: Dept.
3 8:30
a.m. |
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Plaintiff Britecap Financial, LLC seeks
a default judgment against defendants Best Quality Delivery Services, LLC and
Mario Paz. An application for a default judgment on declarations must include a
request for court judgment on Judicial Council Form CIV-100 with Item 2
completed. If costs are sought, the memorandum of costs in Item 7 should be
completed.
Procedurally, Plaintiff’s application
is defective because no request for court judgment is on file with the Court.
The two Forms CIV-100 filed on December 20, 2024, and January 9, 2025, are for
requests for entry of default and Item 2 is blank on each of them. Additionally,
although Plaintiff seeks $675 in costs, Item 7 on both Forms is blank and there
is no memorandum of costs supporting the amount sought. (CRC 3.1800(a)(4).)
Substantively, Plaintiff’s application
is missing a declaration from someone with personal knowledge substantiating
the damages alleged in the Complaint. (CRC 3.1800(a)(2).)
Accordingly,
the default prove-up hearing is continued to ____________ at 8:30 a.m. in
Department 3 of the Alhambra Courthouse so that Plaintiff can submit a revised
default package with the correct forms and declarations. All papers must be
filed no later than 5 court days before the date of the hearing.
Dated
this
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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.