JAYDI J SERBELLON DE REYES VS CENTURY ONE AUTO CENTER INC ET

Tentative Rulings

Case Number: ****9199    Hearing Date: January 09, 2020    Dept: 48

Hearing Date: OSC Date of January 9, 2020

Defaulting D(s): Century One Auto Center, Inc.

Total: A CIV-100 Form requesting entry of default judgment was not submitted after default was entered as to the 1AC on November 21, 2019.

DENY without prejudice.

FACTS:

Plaintiff purchased a used car from Defendant, but all warning dash lights came on, and the dealer still has the vehicle in its possession. Also, Defendant failed to provide a Certificate of Title to Plaintiff, and failed to register the vehicle despite collecting fees for doing so.

ANALYSIS:

[X] Default Entered on: November 21, 2019

[NO] Date of Service of Complaint:

[ ] Personal:

[ ] Substituted (left with family/household members & copies mailed):

[ ] Publication

[ ] Proof of Publication

[X] Mail and Acknowledgement of Receipt: A copy of the completed Notice and Acknowledgment of Receipt was not attached to the proof of service filed on August 21, 2019.

[X] Summary of Case

[NO] Relief Prayed for in Complaint is the same as in default prove up: Need New CIV-100 Form

In Complaint? In Default?

Compensatory: $Need new CIV-100 Form $Need new CIV-100 Form

Late Fees: $ $

Medicals: $ $

Punitives: $ $

Lost Wages: $ $

Interest: $ $

Costs: $ $

Attorneys Fees: $ $

Other:

(all relief afforded in default judgment is limited to type and amount pleaded in complaint, except for punitives in PI/Death cases. CCP 425.11, 580, 585(a),(b).)

[NO] Atty’s Fees: Must be based on fee schedule; need new CIV-100 Form

[ ] Authorized by statute: [ ] or by contract:

[ ] Amount requested: $

Amount over schedule (L.R. 3.214): $

[ ] Statement of Extraordinary services? (LR 3.214(d))

[NO] Interest Computations: Need new CIV-100 Form

Principal: $

Start Date: End Date:

Rate: Annual: Per Diem: $

[ ] Memorandum of costs: $

[NO] Declaration of Non-Military Status (executed within 6 months): Need new CIV-100 Form

[X] Yes [ ] No [ ] Date:

[X] Request for Dismissal of All Does:

[X] With Prejudice [ ] Without Prejudice

[X] Exhibits – Not a promissory note

[ ] Judgment Included (Conform with L.R. 3.0; 8.96):

[X] Other:

A new CIV-100 Form requesting entry of default judgment, and amounts sought, must be submitted, along with supporting evidence, following entry of default as to the 1AC.

TENTATIVE:

[X] DENY W/OUT PREJUDICE: See “Other” above.