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LAW OFFICES OF SCOTT A. BOVEE
2 SCOTT A. BOVEE, ESQ. (SBN 134745)
100 ESTATES DRIVE
3 ROSEVILLE, CA 95678 10/21/2020
PHONE: (916) 782-3782
4 FAX: (916) 782-4582
EMAIL: sbovee@sboveelaw.com
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ATTORNEY FOR: GLOBE
6 INVESTMENT, LLC
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF PLACER
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12 Case No: SC-V- 0044865
GLOBE INVESTMENT, LLC,
13 REQUEST FOR EX PARTE ORDER
Plaintiff, ENTERING DEFAULT OF NON-
14 ANSWERING DEFENDANTS;
v. REQUEST TO TAKE JUDICIAL
15 RONALD R. SANDAHL, SUCCESSOR IN NOTICE; ORDER
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INTEREST TO THERON ORVILLE
PLANK; RONALD R. SANDAHL,
17 TRUSTEE OF THE THERON ORVILLE
PLANK REVOCABLE TRUST, dated DATE: 10/23/2020
18 01/19,2000; RONALD R. SANDAHL, TIME: 8:00 am
EXECUTOR OF THE ESTATE OF THERON DEPT: 42
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ORVILLE PLANK,
20 And DOES 1-10, inclusive,
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Defendants.
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24 Plaintiff hereby applies for the instant ex parte request for an order entering the
25 default of the non-answering defendants, upon the following grounds.
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28 1
REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO
TAKE JUDICIAL NOTICE
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2 FACTS:
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Plaintiff Globe Investment Inc filed its verified complaint to gain an
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5 easement over a land-locked piece of real property in Placer County against
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RONALD R. SANDAHL, SUCCESSOR IN INTEREST TO THERON ORVILLE
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8 PLANK; RONALD R. SANDAHL, TRUSTEE OF THE THERON ORVILLE
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PLANK REVOCABLE TRUST, dated 01/19,2000; RONALD R. SANDAHL,
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EXECUTOR OF THE ESTATE OF THERON ORVILLE PLANK,
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12 And DOES 1-10, inclusive on May 8, 2020. Named defendants are the owners of
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the property over which plaintiff need an easement. The complaint was served on
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15 the named defendants on May 19, 2020. When responsive pleadings were not
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served on counsel for plaintiff, an electronically filed request to enter default of the
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named defendants was filed with the court on June 22, 2020. Unbeknownst to
19 counsel for Globe, Ronald R. Sandahl, “for himself and no other Defendant,”
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answered the complaint electronically on June 18, 2020. The answered was filed
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22 on behalf of “Ronald R. Sandahl, In Pro Per.” On June 26, 2020, plaintiff’s request
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to enter default was not entered with the explanation that, “DEF filed answer
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25 06/18/2020.”
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28 2
REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO
TAKE JUDICIAL NOTICE
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The court clerk rejected the request to take the non-answering defendants
2 default based upon the answer filed by “Ronald R. Sandahl for himself and no
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other Defendant.”
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5 Counsel for Globe takes the position that the request for default should have
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been entered in June as against the named defendants. With the ongoing COVID
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8 crisis the matter was not brought up to the court again until the middle of
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September when counsel asked the court clerks why the default was not entered as
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requested given that the named defendants had not filed a responsive pleading.
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12 Counsel was told to resubmit the request with a letter of explanation, which was
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competed on September 23, 2020, and filed electronically. To date the request has
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15 not been entered or the refusal to enter the default of the non-answering defendants
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explained.
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NECESSITY OF THE EX PARTE REQUEST:
19 Plaintiff Globe is the owner of a land locked parcel and wants to build a
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house on the parcel which necessitated the instant law suit. Until the matter is
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22 resolved the parcel sits vacant. Suit was filed in May and 5 months later and Globe
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cannot develop the lot until the issues raised in the complaint are resolved. Trial is
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25 set for June 2021. Therefore, it is imperative that this procedural matter be resolved
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so that a prove up hearing can occur as soon as possible. Counsel has been waiting
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28 3
REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO
TAKE JUDICIAL NOTICE
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for the last 4 months attempting to determine why the default against the non-
2 answering defendants was rejected by the court. This delay is causing irreparable
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harm to Globe who has purchased the property but cannot develop it. This ex parte
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5 request is also necessary to prevent an injustice in that the failure to accept the
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previously filed request for default denies Globe its rights to pursue its lawsuit in
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8 the most expeditious way possible. (Placer County Superior Court, Rule 10.8).
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LEGAL:
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According to Code of Civil Procedure Section 585 (b)
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(b) In other actions, if the defendant has been served, other than
12 by publication, and no answer, demurrer, notice of motion to strike
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of the character specified in subdivision (f), notice of motion to
transfer pursuant to Section 396b, notice of motion to dismiss
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pursuant to Article 2 (commencing with Section 583.210) of Chapter
15 1.5 of Title 8, notice of motion to quash service of summons or to
stay or dismiss the action pursuant to Section 418.10 or notice of
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the filing of a petition for writ of mandate as provided in Section
17 418.10 has been filed with the clerk of the court within the time
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specified in the summons, or within further time as may be allowed,
the clerk, upon written application of the plaintiff, shall enter the
19 default of the defendant. The plaintiff thereafter may apply to the
20 court for the relief demanded in the complaint. The court shall hear
the evidence offered by the plaintiff, and shall render judgment in
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the plaintiff's favor for that relief, not exceeding the amount
22 stated in the complaint, in the statement required by Section 425.11,
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or in the statement provided for by Section 425.115, as appears by
the evidence to be just. If the taking of an account, or the proof of
24 any fact, is necessary to enable the court to give judgment or to
25 carry the judgment into effect, the court may take the account or
hear the proof, or may, in its discretion, order a reference for that
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purpose. If the action is for the recovery of damages, in whole or
27 in part, the court may order the damages to be assessed by a jury; or
28 4
REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO
TAKE JUDICIAL NOTICE
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if, to determine the amount of damages, the examination of a long
account is involved, by a reference as above provided. (Emphasis added)
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3 Globe maintains that the default of the non-answering defendants should be
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entered forthwith.
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7 RESPECTFULLY SUBMITTED,
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October 23, 2020
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LAW OFFICES OF SCOTT A. BOVEE
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19 _____________________________________________
20 SCOTT BOVEE, FOR GLOBE INVESTMENT, LLC
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23 DECLARATION OF SCOTT BOVEE
24 I, Scott Bovee, hereby declare:
25 1. I am counsel to the Plaintiff.
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28 5
REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO
TAKE JUDICIAL NOTICE
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2. I am licensed to practice before all Courts of the State of California. I
2 have personal knowledge of the facts contained herein and if called as a
3 witness I could and would testify to said facts.
4 3. Although Ronald Sandahl as an “individual” is not a named defendant he
5 has filed an answer to the complaint. I called him three time on October
6 21, 2020 to inform him about the ex parte hearing. This is the same
7 phone number I have used on 5-10 occasions over the last 6 month to
8 speak with him. He does not have an email address. Each time I called,
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his answering machine picked up and I left the information regarding the
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ex parte hearing on his machine. I have not heard back from him.
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I declare under penalty of perjury of the laws of the State of California that the
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foregoing statement is true and correct to the best of my knowledge and belief.
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This declaration is executed on October 21, 2020 at Roseville, California.
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________________________________
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SCOTT BOVEE
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REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO
TAKE JUDICIAL NOTICE
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2 ORDER:
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5 Based on good cause it is hereby ordered that the previously filed Request For
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Entry of Default and Court Judgment against RONALD R. SANDAHL,
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8 SUCCESSOR IN INTEREST TO THERON ORVILLE PLANK; RONALD R.
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SANDAHL, TRUSTEE OF THE THERON ORVILLE PLANK REVOCABLE
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TRUST, dated 01/19,2000; RONALD R. SANDAHL, EXECUTOR OF THE
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12 ESTATE OF THERON ORVILLE PLANK,
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And DOES 1-10, inclusive, be entered forthwith.
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Date: ____________________________________
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REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO
TAKE JUDICIAL NOTICE
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REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO
TAKE JUDICIAL NOTICE
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1 LAW OFFICES OF SCOTT A. BOVEE 2 SCOTT A. BOVEE, ESQ. (SBN 134745) 100 ESTATES DRIVE 3 ROSEVILLE, CA 95678 10/21/2020 PHONE: (916) 782-3782 4 FAX: (916) 782-4582 EMAIL: sbovee@sboveelaw.com 5 ATTORNEY FOR: GLOBE 6 INVESTMENT, LLC 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF PLACER 10 11 12 Case No: SC-V- 0044865 GLOBE INVESTMENT, LLC, 13 REQUEST FOR EX PARTE ORDER Plaintiff, ENTERING DEFAULT OF NON- 14 ANSWERING DEFENDANTS; v. REQUEST TO TAKE JUDICIAL 15 RONALD R. SANDAHL, SUCCESSOR IN NOTICE; ORDER 16 INTEREST TO THERON ORVILLE PLANK; RONALD R. SANDAHL, 17 TRUSTEE OF THE THERON ORVILLE PLANK REVOCABLE TRUST, dated DATE: 10/23/2020 18 01/19,2000; RONALD R. SANDAHL, TIME: 8:00 am EXECUTOR OF THE ESTATE OF THERON DEPT: 42 19 ORVILLE PLANK, 20 And DOES 1-10, inclusive, 21 Defendants. 22 23 24 Plaintiff hereby applies for the instant ex parte request for an order entering the 25 default of the non-answering defendants, upon the following grounds. 26 27 28 1 REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO TAKE JUDICIAL NOTICE 1 2 FACTS: 3 Plaintiff Globe Investment Inc filed its verified complaint to gain an 4 5 easement over a land-locked piece of real property in Placer County against 6 RONALD R. SANDAHL, SUCCESSOR IN INTEREST TO THERON ORVILLE 7 8 PLANK; RONALD R. SANDAHL, TRUSTEE OF THE THERON ORVILLE 9 PLANK REVOCABLE TRUST, dated 01/19,2000; RONALD R. SANDAHL, 10 EXECUTOR OF THE ESTATE OF THERON ORVILLE PLANK, 11 12 And DOES 1-10, inclusive on May 8, 2020. Named defendants are the owners of 13 the property over which plaintiff need an easement. The complaint was served on 14 15 the named defendants on May 19, 2020. When responsive pleadings were not 16 served on counsel for plaintiff, an electronically filed request to enter default of the 17 18 named defendants was filed with the court on June 22, 2020. Unbeknownst to 19 counsel for Globe, Ronald R. Sandahl, “for himself and no other Defendant,” 20 answered the complaint electronically on June 18, 2020. The answered was filed 21 22 on behalf of “Ronald R. Sandahl, In Pro Per.” On June 26, 2020, plaintiff’s request 23 to enter default was not entered with the explanation that, “DEF filed answer 24 25 06/18/2020.” 26 27 28 2 REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO TAKE JUDICIAL NOTICE 1 The court clerk rejected the request to take the non-answering defendants 2 default based upon the answer filed by “Ronald R. Sandahl for himself and no 3 other Defendant.” 4 5 Counsel for Globe takes the position that the request for default should have 6 been entered in June as against the named defendants. With the ongoing COVID 7 8 crisis the matter was not brought up to the court again until the middle of 9 September when counsel asked the court clerks why the default was not entered as 10 requested given that the named defendants had not filed a responsive pleading. 11 12 Counsel was told to resubmit the request with a letter of explanation, which was 13 competed on September 23, 2020, and filed electronically. To date the request has 14 15 not been entered or the refusal to enter the default of the non-answering defendants 16 explained. 17 18 NECESSITY OF THE EX PARTE REQUEST: 19 Plaintiff Globe is the owner of a land locked parcel and wants to build a 20 house on the parcel which necessitated the instant law suit. Until the matter is 21 22 resolved the parcel sits vacant. Suit was filed in May and 5 months later and Globe 23 cannot develop the lot until the issues raised in the complaint are resolved. Trial is 24 25 set for June 2021. Therefore, it is imperative that this procedural matter be resolved 26 so that a prove up hearing can occur as soon as possible. Counsel has been waiting 27 28 3 REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO TAKE JUDICIAL NOTICE 1 for the last 4 months attempting to determine why the default against the non- 2 answering defendants was rejected by the court. This delay is causing irreparable 3 harm to Globe who has purchased the property but cannot develop it. This ex parte 4 5 request is also necessary to prevent an injustice in that the failure to accept the 6 previously filed request for default denies Globe its rights to pursue its lawsuit in 7 8 the most expeditious way possible. (Placer County Superior Court, Rule 10.8). 9 LEGAL: 10 According to Code of Civil Procedure Section 585 (b) 11 (b) In other actions, if the defendant has been served, other than 12 by publication, and no answer, demurrer, notice of motion to strike 13 of the character specified in subdivision (f), notice of motion to transfer pursuant to Section 396b, notice of motion to dismiss 14 pursuant to Article 2 (commencing with Section 583.210) of Chapter 15 1.5 of Title 8, notice of motion to quash service of summons or to stay or dismiss the action pursuant to Section 418.10 or notice of 16 the filing of a petition for writ of mandate as provided in Section 17 418.10 has been filed with the clerk of the court within the time 18 specified in the summons, or within further time as may be allowed, the clerk, upon written application of the plaintiff, shall enter the 19 default of the defendant. The plaintiff thereafter may apply to the 20 court for the relief demanded in the complaint. The court shall hear the evidence offered by the plaintiff, and shall render judgment in 21 the plaintiff's favor for that relief, not exceeding the amount 22 stated in the complaint, in the statement required by Section 425.11, 23 or in the statement provided for by Section 425.115, as appears by the evidence to be just. If the taking of an account, or the proof of 24 any fact, is necessary to enable the court to give judgment or to 25 carry the judgment into effect, the court may take the account or hear the proof, or may, in its discretion, order a reference for that 26 purpose. If the action is for the recovery of damages, in whole or 27 in part, the court may order the damages to be assessed by a jury; or 28 4 REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO TAKE JUDICIAL NOTICE 1 if, to determine the amount of damages, the examination of a long account is involved, by a reference as above provided. (Emphasis added) 2 3 Globe maintains that the default of the non-answering defendants should be 4 entered forthwith. 5 6 7 RESPECTFULLY SUBMITTED, 8 9 10 11 12 13 October 23, 2020 14 15 LAW OFFICES OF SCOTT A. BOVEE 16 17 18 19 _____________________________________________ 20 SCOTT BOVEE, FOR GLOBE INVESTMENT, LLC 21 22 23 DECLARATION OF SCOTT BOVEE 24 I, Scott Bovee, hereby declare: 25 1. I am counsel to the Plaintiff. 26 27 28 5 REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO TAKE JUDICIAL NOTICE 1 2. I am licensed to practice before all Courts of the State of California. I 2 have personal knowledge of the facts contained herein and if called as a 3 witness I could and would testify to said facts. 4 3. Although Ronald Sandahl as an “individual” is not a named defendant he 5 has filed an answer to the complaint. I called him three time on October 6 21, 2020 to inform him about the ex parte hearing. This is the same 7 phone number I have used on 5-10 occasions over the last 6 month to 8 speak with him. He does not have an email address. Each time I called, 9 his answering machine picked up and I left the information regarding the 10 ex parte hearing on his machine. I have not heard back from him. 11 12 13 I declare under penalty of perjury of the laws of the State of California that the 14 foregoing statement is true and correct to the best of my knowledge and belief. 15 This declaration is executed on October 21, 2020 at Roseville, California. 16 17 18 19 ________________________________ 20 SCOTT BOVEE 21 22 23 24 25 26 27 28 6 REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO TAKE JUDICIAL NOTICE 1 2 ORDER: 3 4 5 Based on good cause it is hereby ordered that the previously filed Request For 6 Entry of Default and Court Judgment against RONALD R. SANDAHL, 7 8 SUCCESSOR IN INTEREST TO THERON ORVILLE PLANK; RONALD R. 9 SANDAHL, TRUSTEE OF THE THERON ORVILLE PLANK REVOCABLE 10 TRUST, dated 01/19,2000; RONALD R. SANDAHL, EXECUTOR OF THE 11 12 ESTATE OF THERON ORVILLE PLANK, 13 And DOES 1-10, inclusive, be entered forthwith. 14 15 16 17 18 Date: ____________________________________ 19 20 21 22 23 24 25 26 27 28 7 REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO TAKE JUDICIAL NOTICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 REQUEST FOR EX PARTE ORDER ENTERING DEFAULT OF NON-ANSWERING DEFENDANTS; REQUEST TO TAKE JUDICIAL NOTICE