Plaintiff’s (American Express Bank, FSB) unopposed Motion for Order Vacating Dismissal and Entering Judgment Against Defendant Pursuant to C.C.P. § 664.6, filed 10-16-20 under ROA No. 37, is DENIED without prejudice.
The declaration does not identify when the initial default occurred, the declaration does not appear to accurately state the total amount due at stipulation (compare $392,132.32 to $329,132.32), the proposed order merely requests the court to vacate the dismissal rather than to impose a judgment against Defendants (Michael Bearden and House Hunt Inc.), and Plaintiff provided a proposed order instead of a proposed judgment.
Due to these ambiguities, the court DENIES the Motion to allow Plaintiff to correct them.
Plaintiff is to give notice.
Hearing Date
March 02, 2021
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Plaintiff’s (American Express Bank, FSB) unopposed Motion for Order Vacating Dismissal and Entering Judgment Against Defendant Pursuant to C.C.P. § 664.6, filed 10-16-20 under ROA No. 37, is DENIED without prejudice.
The declaration does not identify when the initial default occurred, the declaration does not appear to accurately state the total amount due at stipulation (compare $392,132.32 to $329,132.32), the proposed order merely requests the court to vacate the dismissal rather than to impose a judgment against Defendants (Michael Bearden and House Hunt Inc.), and Plaintiff provided a proposed order instead of a proposed judgment.
Due to these ambiguities, the court DENIES the Motion to allow Plaintiff to correct them.
Plaintiff is to give notice.