Motion: Default Prove-Up
Tentative Ruling:
To deny without prejudice.
Explanation:
Plaintiff has not filed, or served on defendant, the required Judicial Council CIV- 100 form, which California Rules of Court, Rule 3.1800, subdivision (a), indicates is mandatory. This is a dual-purpose form, used for requesting both entry of default and court judgment. Plaintiff used the form when requesting entry of default, but he has not filed and served this form again in order to request court judgment. Thus, neither defendant nor the court have been informed of the details of the judgment plaintiff will request to be entered (Paragraph 2 of the form), or of the costs requested (Paragraph 7).
Also, plaintiff has not filed a prove-up brief to summarize the evidence to be submitted and the relief to be requested, and any legal analysis needed. (Cal. Rules of Court, Rule 3.1800, subd. (a)(1).) The prove-up brief provides the critical focus for the court’s attention. For instance, in this case plainti
Hearing Date
October 29, 2018
Type
35 Unlimited - Other Non-PI/PD/WD Tort
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Motion: Default Prove-Up
Tentative Ruling:
To deny without prejudice.
Explanation:
Plaintiff has not filed, or served on defendant, the required Judicial Council CIV- 100 form, which California Rules of Court, Rule 3.1800, subdivision (a), indicates is mandatory. This is a dual-purpose form, used for requesting both entry of default and court judgment. Plaintiff used the form when requesting entry of default, but he has not filed and served this form again in order to request court judgment. Thus, neither defendant nor the court have been informed of the details of the judgment plaintiff will request to be entered (Paragraph 2 of the form), or of the costs requested (Paragraph 7).
Also, plaintiff has not filed a prove-up brief to summarize the evidence to be submitted and the relief to be requested, and any legal analysis needed. (Cal. Rules of Court, Rule 3.1800, subd. (a)(1).) The prove-up brief provides the critical focus for the court’s attention. For instance, in this case plainti