Motion Types Legal Issues

What is a Request for Entry of Default Judgment?

Most Useful Request for Entry of Default Judgment Examples

Recent Examples of Request for Entry of Default Judgment

1-25 of 500 results

ARTUR KETIKYAN VS ERVAND ZAKHARYAN

PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT BACKGROUND: On May 20, 2019, Plaintiff Artur Ketikyan commenced this action against Defendant Ervand Zakharyan for breach of contract. Plaintiff alleges he entered into a contract with Defendant for...

...interest at 12% compounded annually. ANALYSIS: 2 The Court GRANTS Plaintiff’s Request for Entry of Default Judgement in the amount of $27,289,285.36 as indicated below: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $5,900,000.00 $5,900,000.00 General Damages $0.00 Special Damages $0.00 Interest $21,389,285.36 $21,389,285.36 Costs $0.00 $0.00 Attorney's fees $0...

  • Hearing

    Feb 21, 2020

FARMERS INSURANCE EXCHANGE VS CARLOS ADRIAN RUBALCAVA ET AL

...Procedure section 473, subdivision (d). On February 19, 2020, the Court entered default judgment against Defendant. PARTY’S REQUEST Defendant asks the Court to set aside the July 27, 2018 entry of default because Defendant was not served with the summons and complaint. LEGAL STANDARD “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orde...

...the affidavit or proof of service, the complaint, the request for entry of default with a memorandum indorsed thereon that the default of the defendant in not answering was answered, and the copy of the judgment. (Code Civ. Proc. § 670, subd. (a).) California Code of Civil Procedure section 473.5, subdivision (a) states “[w]hen service of a summons has not resulted in actual notice to a party in time to defe...

  • Hearing

    Feb 20, 2020

ON DECK CAPITAL, INC. VS ROBERT A ALLENDE

...19STCV31110 CASE NAME: On Deck Capital, Inc. v. Robert A. Allende, et al. DEFAULT ENTERED: October 25, 2019 PLAINTIFF’S APPLICATION FOR DEFAULT JUDGMENT TENTATIVE: Plaintiff’s Request for Entry of Default Judgment is GRANTED in the amount of $32,111.40. BACKGROUND Summary of Complaint: This is an action for breach of contract and common counts which arises out of Celtic Bank’s Loan Agreement with Defendant, ...

...with Plaintiff’s mother, Eva Allende, and mailing to the defendant. As such, service of the summons and complaint was sufficient. (Code Civ. Proc., §§ 415.20, subd. (a); 415.40.) Entry of Default: Default was entered on October 25, 2019. The declaration of mailing indicates that a copy of the request for entry of default was mailed to Defendant at the same address where the summons and complaint were s...

  • Hearing

    Feb 20, 2020

SHARON A. SPERLING VS PAUL SPERLING, JR.

REQUEST FOR ENTRY OF DEFAULT JUDGMENT IS DENIED. On July 24, 2019, Plaintiff Sharon A. Sterling filed the instant action against Defendant Paul Sperling, Jr. and Does 1 through 10. The Verified Complaint asserts causes of action for: Qu...

...prejudice. Plaintiff seeks entry of a default judgment quieting title to property commonly known as 7352 West 117th Street, Los Angeles, CA 90044. The Court cannot enter a judgment seeking to quiet title by default; instead the Court must hold a hearing in open court and render judgment in accordance with the evidence and law. (Harbour Vista, LLC v. HSBC Mortgage Services, Inc. (2011) 201 Cal.App.4th 1496, 1507....

  • Hearing

    Feb 20, 2020

ANNA M. WIILIAMS, AN INDIVIDUAL VS M.I.G. MOTOR CARS, INC., A CORPORATION, ET AL.

Defendant M.I.G. Motor Cars, Inc.’s Motion to Set Aside Default is GRANTED. Defendant to respond within 20 days. MOTION FOR RELIEF FROM DEFAULT When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may ...

...but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. (Code Civ. Proc. § 473.5, subd. (a).) Motor argues that the purported substitute service upon it, proof of which was filed on July 5, 2019, occurred while its agent for service of ...

  • Hearing

    Feb 20, 2020

STRUCTURES INC VS. HYDROPRESSURE CLEANING INC

...visit: http://www.denoce.com ______________________________________________ The court's tentative ruling is as follows: The court intends to grant Defendant's motion to set aside the default and default judgment, pursuant to: 1) CCP § 473(d) in that service of summons was not valid and did not confer jurisdiction; 2) CCP § 473.5 in that defendant did not receive actual notice of the lawsuit in time to defend;...

...been service upon a corporate agent with ostensible authority to accept it, jurisdiction is established and a claim of defective service in such a case is not a proper basis for setting aside a default judgment entered against the corporation." Gibble v. Car-Lene Research, Inc. (1998) 67 Cal.App.4th 295, 313 (citation omitted). Ostensible authority is such as a principal, intentionally or by want of ordinary...

  • Hearing

    Feb 20, 2020

VW CREDIT INC A DELAWARE CORPORATION VS GARIK HOVHANNISYAN, AN INDIVIDUAL

PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT BACKGROUND: On August 19, 2019, Plaintiff VW Credit, Inc. commenced this action against Defendant Garik Hovhannisyan for (1) breach of written agreement; (2) claim & delivery; (3) conversion; and (4...

...$71,101.41 plus interest and attorney’s fees. ANALYSIS: Plaintiff’s request for Entry of Default Judgement if GRANTED in the amount of $14,950.36 as indicated below: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $13,594.92 $13,594.92 General Damages $0.00 Special Damages $0.00 Interest $0.00 $0.00 Costs $557.60 $557.60 Attorney's fees $797.84 $797.84 $14,...

  • Hearing

    Feb 20, 2020

SEAN ROSS PAUL VS TISHMAN SPEYER ARCHSTONE-SMITH ET AL

...Streamline Finishes, Inc. (“Moving Defendant”) RESPONDING PARTY: Plaintiff Sean Ross Paul The Court has considered the moving, opposition, and reply papers. BACKGROUND On September 16, 2019, default was requested and entered against Moving Defendant with respect to the First Amended Complaint (“FAC”). On October 10, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”) against Defendants alle...

...aside default and such period expired on December 16, 2019. California Code of Civil Procedure, Section 473(b) says that “[t]he court may . . . relieve a party or his or her legal representative from a judgment, dismissal, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” “Application for this relief shall be accompanied by a copy of the a...

  • Hearing

    Feb 20, 2020

WENDY CRANE VS ADMANIAX, LLC

DEFAULT JUDGMENT PROVE-UP CHECKLIST (CRC Rule 3.1800) Case Name: Wendy Crane v. Admaniax, LLC Case #: 18STCV00771 Hearing Date: 2/19/20 (OSC: re Entry of Default Judgment) Defaulting Party: Defendants Admaniax, LLC, Admaniax, Holdings LLC, and Ron Dusenberry (“Defendants”) Total Amount: $ 486,358.78 BACKGROUND: Plaintiff Wendy Crane (“Plaintiff”) had a written emplo...

...OF COURT JUDGMENT (CRC 3.1800(a)) [X] SERVICE: Summons and Complaint On May 31, 2019, Defendants were served at 24221 Hatteras St., Woodland Hills, CA 91367. [X] DECLARATION OF MAILING -- Request for Entry of Default to Defendant (CCP § 587) On August 2, 2019, the entry of default was mailed to Defendants at 24221 Hatteras St., Woodland Hills, CA 91367. [X] NO PENDING MOTION TO VACATE DEFAULT [X] SUM...

  • Hearing

    Feb 19, 2020

WENDY CRANE VS ADMANIAX, LLC

DEFAULT JUDGMENT PROVE-UP CHECKLIST (CRC Rule 3.1800) Case Name: Wendy Crane v. Admaniax, LLC Case #: 18STCV00771 Hearing Date: 2/19/20 (OSC: re Entry of Default Judgment) Defaulting Party: Defendants Admaniax, LLC, Admaniax, Holdings LLC, and Ron Dusenberry (“Defendants”) Total Amount: $ 486,358.78 BACKGROUND: Plaintiff Wendy Crane (“Plaintiff”) had a written emplo...

...OF COURT JUDGMENT (CRC 3.1800(a)) [X] SERVICE: Summons and Complaint On May 31, 2019, Defendants were served at 24221 Hatteras St., Woodland Hills, CA 91367. [X] DECLARATION OF MAILING -- Request for Entry of Default to Defendant (CCP § 587) On August 2, 2019, the entry of default was mailed to Defendants at 24221 Hatteras St., Woodland Hills, CA 91367. [X] NO PENDING MOTION TO VACATE DEFAULT [X] SUM...

  • Hearing

    Feb 19, 2020

JNS COLLECTIVE, VS MORA'S CUTTING AND FINISHING,, ET AL.

...vs. mora’s cutting and finishing, et al., Defendants. Case No.: 18STCV00867 Hearing Date: February 19, 2020 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: MOTION FOR ORDER TO SET ASIDE THE ENTRY OF DEFAULT Background Plaintiff JNS Collective, LLC (“Plaintiff”) filed this action against Defendants Mora’s Cutting and Finishing aka Mora’s Cutting and Sewing (“Mora’s”) and Joel Rico (“Rico”) on October 11...

...mailing address. Therefore, there is no evidence that substituted service was improper. Nevertheless, even if service were proper, Code of Civil Procedure section 473.5 provides relief from entry of default if such service “has not resulted in actual notice to a party in time to defend the action . . . .” (Code Civ. Proc., § 473.5, subd. (a).) Actual notice has been held to “mean[] genuine knowledge of t...

  • Hearing

    Feb 19, 2020

DORA LUZ SOLANO VS. AMERICAN MORTGAGE NETWORK, INC

...DENIED. See discussion below. U.S. Bank’s Motion for Imposition of Monetary Sanctions in the Amount of $4,999.00 Against Plaintiff and Plaintiff’s Counsel Pursuant to C.C.P. section 128.7 is GRANTED as requested. U.S. Bank was dismissed from this lawsuit on June 12, 2018. See Order of Dismissal attached hereto as Exhibit 1. Since U.S. Bank was no longer a party to the action, the Court entry of judgment ag...

...of law. It does not take statues or case law to hold that a person/entity who is not a party to an action may have a judgment rendered against him/her/it. The past entry of default and notices of a default prove up are irrelevant in the absence of being a party. The actions of pursuing the claim against U.S. Bank are frivolous per se. The following findings are made: 1) Moving Party has complied with t...

  • Hearing

    Feb 19, 2020

JACOB A. SHAHBAZ, ET AL. VS MOHAMED A. HADID, ET AL.

...18STCV07969 Hearing Date: February 19, 2020 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT Plaintiff Shahbaz Law Group, APC (“Plaintiff”) requests entry of default judgment against Defendant Mohamed A. Hadid (“Defendant”) in the total amount of $575,925.75, which includes $508,600 in special damages, $16,800 in general damages, $50,000 in attorney fees, and $525.75 in co...

...subdivision (a) “limits a trial court’s jurisdiction to grant relief on a default judgment to the amount stated in the complaint.” ((Dhawan v. Biring (2015) 241 Cal.App.4th 963, 968.) “The amount of the default judgment ‘cannot exceed that demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115.’” (Ibid., citing Code Civ. Proc., § 580, subd. (a).) “T...

  • Hearing

    Feb 19, 2020

SALVADOR TAPIA VS AUGIE'S SECURITY, INC.

...and Defendant’s email address within the past 30 days. Counsel filed the instant motion to be relieved as counsel on November 21, 2019. At a hearing on December 20, 2019, the Court granted Counsel’s request for a continuance to allow Counsel to file new moving papers to explain how Counsel has confirmed Defendant’s mailing address within the past 30 days in light of the fact that “[Defendant] has not res...

...90032. Counsel states that there is a breakdown of relationship and communication between Counsel and Client; Client has failed to supply attorney with requested documents; Client has failed to supply Counsel with requested discovery documents; and Client has failed to pay attorney’s incurred costs and fees in breach of their written fee agreement. The Court is inclined to grant the motion. There appears to be no prej...

  • Hearing

    Feb 19, 2020

TIMES PRODUCE, INC. VS ALFRED LARES, ET AL.

Minute Order issued 1/23/20: The Request for Entry of Default Judgment submitted on 10/30/19 is rejected for the following reasons: 1) No request for dismissal (Judicial Council Form No. CIV-110) has been filed for all remaining defendants (including un-served Does 1-10...

...greater amount should be awarded, including an itemized statement of the services rendered or to be rendered. Plaintiff must either: (1) submit a new request for default judgment (CIV-100) and new proposed judgment (JUD-100) with an amount of attorney’s fees calculated in accordance with LASC Rule 3.214 or (2) submit evidence and briefing justifying a greater amount of attorney’s fees than the calculation pursua...

  • Hearing

    Feb 19, 2020

MTC FINANCIAL V. GCFS, INC.

...surplus proceeds. (Civ. Code, § 2924j(d).) Two claimants, Riding and GFCS, Inc., have filed claims with the Court. Petitioner sold the Property at a non-judicial foreclosure sale as a result of Riding’s default on a deed of trust secured by the Property, dated December 21, 2006 and recorded on January 4, 2007. The sale took place on July 23, 2019. Proceeds of the sale were $110,000. The debt to the foreclosi...

...Guarantee, as of the date of the sale, the owners of the Property were Riding and Kandy Addison (“Addison”). A deed of trust was recorded against the property on January 4, 2007 (a junior lien), an abstract of judgment recorded on August 27, 2012 by GFCS, Inc. (“GFCS”), and a Notice of Pendency of Action for 19CV-0211 in this Court, recorded on April 10, 2019, relating to the trustee’s sale. Petitioner sent written ...

  • Hearing

    Feb 19, 2020

PATRICE DUREN VS S&J, INC.

...Patrice Duren v. S& J, Inc. DEFAULT ENTERED: June 6, 2019 PLAINTIFF’S APPLICATION FOR DEFAULT JUDGMENT TENTATIVE: Upon a proper showing of ownership and service, Plaintiff’s Request for Entry of Default Judgment is GRANTED in the amount of $ 11,199.96 BACKGROUND Summary of Complaint: This is an action for violation of the Unruh Act and injunctive relief which arises out of Plaintiff, Patrice Duren’s visit ...

...Declaration of Mailing indicates that the request for entry of default was mailed to Jonathan Lee, at the same address above. As such, the court also expresses concern regarding whether service of the entry of default was sufficient under Code of Civil Procedure § 587. SUBMITTED DOCUMENTS: (Cal. Rules of Court, rule 3.1800): Dismissal or judgment of non-parties to the judgment YES Use of JC Form CIV-100 YES Mem...

  • Hearing

    Feb 18, 2020

(NO CASE NAME AVAILABLE)

...v. Hayes, et al. ENTER JUDGMENT PURSUANT TO STIPULATION (CCP § 664.6) TENTATIVE RULING: Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Enforce Settlement Agreement is GRANTED. Judgment to be entered against Defendant ALARICKA ALMA HAYES in the amount of $13,692.60 PRINCIPAL, $1,510.76 INTEREST, $499.50 COSTS, AND $950.77. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance ...

...Civil Procedure section 664.6. Plaintiff also paid Defendant’s first appearance fee on the same date. The Court signed the order on April 3, 2018. Plaintiff now moves to enforce the settlement and enter judgment against Defendant. To date, no opposition has been filed. Legal Standard Under Code of Civil Procedure, section 664.6: If parties to pending litigation stipulate, in a writing signed by the parties...

  • Hearing

    Feb 18, 2020

ATKINSON-BAKER, INC. VS PAUL N. TAUGER

...Complaint, but declined to do so as to the Cross-Complaint. On December 19, 2019, Defendant filed the instant Motion to Vacate Judgment (the “Motion”) seeking to vacate the Court’s order granting summary judgment as to the Complaint. On February 4, 2020, Plaintiff filed an Opposition. To date, Defendant has not filed a reply. Legal Standard & Discussion Notice As an initial matter, the Court notes that Defenda...

...mistake, such as a calendaring error. (Comunidad en Accion v. Los Angeles City Council (2013) 219 Cal.App.4th 1116, 1134-35.) The Court notes that although Defendant requests that the Court set aside the “judgment” entered against him, it is clear from his moving papers that he is actually referring to the October 1, 2019 Order granting Plaintiff’s Motion for Summary Judgment as to the Complaint. Plaintiff oppo...

  • Hearing

    Feb 18, 2020

STATE FARM MUTUAL AUTO INS. CO. V. MARCOS LEDESMA-SANCHEZ

...the court ... for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) Here, plaintiff seeks entry of judgment pursuant to Code of Civil Procedure section 664.6. In support thereof, plaintiff submits a declaration from its attorney, Joseph A. Duque. Attached to Mr. Duque’s declaration is a signed writing – a w...

...that – in the event of defendant’s default – the agreement be enforceable pursuant to Code of Civil Procedure section 664.6. Specifically, the settlement agreement provides that upon defendant’s default, judgment can be entered against him for $3,000 plus 7% interest from 12/1/17, plus attorney’s fees and costs, less any payments received. The writing appears to have been signed outside the presence of the cou...

  • Hearing

    Feb 18, 2020

BASELINE FINANCIAL V. MICHAEL RUSSELL ET AL.

...Member’s Interest On or about March 17, 2006, this Court duly entered a default judgment in favor of Baseline Financial Services (judgment creditor) against defendants Michael S. Russell, Carolyn Russell (judgment debtors or defendants) in the sum of $12,396.82. On January 25, 2016, the judgment was renewed in the sum of $24,643.67. On February 5, 2016, the renewed judgment was served by mail on defendants. The...

...debtor Michael S. Russell in the limited liability company known as Stirrup Catering, LLC and the limited partnership known as Stirrup Catering, LP, with payment of the wholly unsatisfied amount of the judgment entered in this action. The motion was timely served and there is no opposition. General or limited partnership assets are not liable upon a money judgment rendered against a partner debtor personall...

  • Hearing

    Feb 18, 2020

JOCELYNN TAYLOR VS LANA STEVENS

...to the Complaint on the grounds that it fails to allege facts sufficient to state a cause of action under Code of Civil Procedure section 430.41, subdivision (e). In support of the Demurrer, Defendant requests that the Court take judicial notice of the following: Traffic Collision Report no. 1615-20068, dated October 19, 2016; Complaint filed December 19, 2017, in State Farm Mutual Automobile Insurance C...

...17STLC05078; Request for Entry of Default filed on September 11, 2018, in State Farm Mutual Automobile Insurance Company v. Jocelynn Taylor, Wakena Taylor, Los Angeles County Superior Court Case No. 17STLC05078; Judgment by Court filed on April 2, 2019, in State Farm Mutual Automobile Insurance Company v. Jocelynn Taylor, Wakena Taylor, Los Angeles County Superior Court Case No. 17STLC05078. The request for judicial ...

  • Hearing

    Feb 18, 2020

NAVY FEDERAL CREDIT UNION VS EMILY ARMSTRONG

DEFAULT JUDGMENT PROVE-UP CHECKLIST (CRC Rule 3.1800) Case Name: Navy Federal Credit Union v. Emily Armstrong Case #: 18STCV10324 Hearing Date: 2/14/20 (OSC: re entry of Default Judgment) Defaulting Party: Defendant Emily Armstrong (“Defendant”) Total Amount: $ 45,841.71 BACKGROUND: Defendant had a credit card issued by Plaintiff Navy Federal Credit Union. Defendant has stopped payi...

... ENTRY OF COURT JUDGMENT (CRC 3.1800(a)) [X] SERVICE: Summons and Complaint: Defendant was served via publication in the Los Angeles Daily Journal. [X] DECLARATION OF MAILING -- Request for Entry of Default to Defendant (CCP § 587) Mailed to Defendant at 2166 1/2 Rockledge Road, Los Angeles, CA 90068 on November 11, 2019 [X] NO PENDING MOTION TO VACATE DEFAULT [X] SUMMARY OF CASE PROVIDED (CRC 3.1800(...

  • Hearing

    Feb 14, 2020

VIDEO SYMPHONY, LLC VS DANIEL HUNTER

...District VIDEO SYMPHONY, LLC, Plaintiff, v. DANIEL HUNTER, Defendant. Case No.: 18BBCV00240 Hearing Date: February 14, 2020 [TENTATIVE] ORDER RE: MOTION FOR ENTRY OF JUDGMENT PER STIPULATION FOR ENTRY OF JUDGMENT BACKGROUND A. Allegations of Complaint Plaintiff Video Symphony, LLC (“VSLLC” or “Plaintiff”) is an assignee of Video Symphony EnterTraining, Inc. (“VSE”), which was a TV, film, and audio vocationa...

...on October 8, 2010 in Video Symphony EnterTraining, Inc. v. Daniel Hunger (case no. 10C02420). On May 26, 2011, VSE and Defendant entered a new promissory note (“Note”) and a Stipulation for Entry of Judgment (“Stipulation”) in consideration for VSE dismissing the 10C02420 case. Defendant signed the documents on June 21, 2011 and June 9, 2011, respectively. The Note required Defendant to make 66 monthly pa...

  • Hearing

    Feb 14, 2020

JINDA KORPRAPUN, ET AL VS MICHELLE SEGOVIA, ET AL

...guaranty against Michelle Segovia and Rufino Segovia. B. Relevant Background and Motion to Vacate Default On October 18, 2018, the default of Michelle Segovia was entered. On November 26, 2018, the default of Rufino Segovia dba Kids N Care School House was entered. On July 5, 2019, Plaintiffs filed a CIV-100 form, requesting the Clerk’s Judgment against Defendants. The CIV-100 form was not executed by ...

...by the Court. Thereafter, on July 30, 2019, Plaintiffs filed a declaration for default judgment by the Court and they electronically lodged a UD-110, Judgment – Unlawful Detainer form with the Court, requesting default judgment against Defendants Michelle Segovia and Rufino Segovia, individually and dba Kids N Care School House. The UD-110 form was not executed by the Court. On September 4, 2019, the Cou...

  • Hearing

    Feb 14, 2020

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