On July 15, 2019 a
Order
was filed
involving a dispute between
Schneider Michele Marie,
and
Fierro Irene Gutierrez,
Fierro Rudy,
for Intentional Bodily Injury/Property Damage/Wrongful Death (e.g., assault, battery, vandalism, etc.) (General Jurisdiction)
in the District Court of Los Angeles County.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Spring Street Courthouse, Department 31
19STCV24550 December 22, 2021
MICHELE MARIE SCHNEIDER vs RUDY FIERRO, et al. 12:54 PM
Judge: Honorable Audra Mori CSR: None
Judicial Assistant: J. Aguayo ERM: None
Courtroom Assistant: None Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): No Appearances
For Defendant(s): No Appearances
NATURE OF PROCEEDINGS: Court Order Re: DENYING REQUEST FOR DEFAULT
JUDGMENT
The Court reads and reviews the default judgment and rules as follows:
Plaintiff, Michele Marie Schneider (“Plaintiff”) filed this action against Defendant, Rudy Fierro
(“Rudy”) and Irene Gutierrez Fierro (“Irene”) alleging causes of action for false imprisonment,
battery, and intentional infliction of emotional distress.
On June 2, 2021, Plaintiff filed a Request for Dismissal as to Rudy only. On October 4, 2021,
Plaintiff dismissed Does 1-20. Plaintiff seeks entry of default judgment against Irene. Plaintiff
served Irene with the summons and complaint on October 29, 2019. (Proof of Service filed Oct.
31, 2019.) Plaintiff seeks default judgment in the total amount of $309,807.98, which includes
$300,000.00 in general damages, $8,905.75 in special damages and $902.23 in costs.
This is the second default judgment request. Plaintiff has cured multiple defects identified with
the previous request; however, the instant request is denied without prejudice for the following
reason:
• In connection with the instant default judgment request, Plaintiff did not submit any evidence
pertaining to her claim for general and special damages- that is, Plaintiff did not submit her own
declaration, or other competent evidence, concerning her special and/or general damages.
Plaintiff must file all new documents, including forms CIV-100 and JUD-100 and any
evidence/declarations, with the above defect cured at Plaintiff’s earliest convenience, so that the
Court may determine whether such damages are apropriate.
The Clerk is directed to give notice.
Certificate of Mailing is attached.
Minute Order Page 1 of 2
Document Filed Date
December 22, 2021
Case Filing Date
July 15, 2019
Category
Intentional Bodily Injury/Property Damage/Wrongful Death (e.g., assault, battery, vandalism, etc.) (General Jurisdiction)
Status
Default Judgment By Court - Before Trial 01/05/2022
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Spring Street Courthouse, Department 31 19STCV24550 December 22, 2021 MICHELE MARIE SCHNEIDER vs RUDY FIERRO, et al. 12:54 PM Judge: Honorable Audra Mori CSR: None Judicial Assistant: J. Aguayo ERM: None Courtroom Assistant: None Deputy Sheriff: None APPEARANCES: For Plaintiff(s): No Appearances For Defendant(s): No Appearances NATURE OF PROCEEDINGS: Court Order Re: DENYING REQUEST FOR DEFAULT JUDGMENT The Court reads and reviews the default judgment and rules as follows: Plaintiff, Michele Marie Schneider (“Plaintiff”) filed this action against Defendant, Rudy Fierro (“Rudy”) and Irene Gutierrez Fierro (“Irene”) alleging causes of action for false imprisonment, battery, and intentional infliction of emotional distress. On June 2, 2021, Plaintiff filed a Request for Dismissal as to Rudy only. On October 4, 2021, Plaintiff dismissed Does 1-20. Plaintiff seeks entry of default judgment against Irene. Plaintiff served Irene with the summons and complaint on October 29, 2019. (Proof of Service filed Oct. 31, 2019.) Plaintiff seeks default judgment in the total amount of $309,807.98, which includes $300,000.00 in general damages, $8,905.75 in special damages and $902.23 in costs. This is the second default judgment request. Plaintiff has cured multiple defects identified with the previous request; however, the instant request is denied without prejudice for the following reason: • In connection with the instant default judgment request, Plaintiff did not submit any evidence pertaining to her claim for general and special damages- that is, Plaintiff did not submit her own declaration, or other competent evidence, concerning her special and/or general damages. Plaintiff must file all new documents, including forms CIV-100 and JUD-100 and any evidence/declarations, with the above defect cured at Plaintiff’s earliest convenience, so that the Court may determine whether such damages are apropriate. The Clerk is directed to give notice. Certificate of Mailing is attached. Minute Order Page 1 of 2