Case Number: BC545770??? Hearing Date: April 25, 2016??? Dept: 31
Plaintiff’s REQUEST FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT, Nycoel Stein, is DENIED.
Plaintiff has removed the impermissible requests for attorneys? fees as well as the costs denied by the Court in connection with the prior request fore default judgment.
However, the invoices for services rendered and fee agreements are written obligations to pay money. Los Angeles County Rules of the Court, Rule 3.204 provides that: ?Applications for default judgment on a written obligation to pay money should be accompanied by an original writing for cancellation pursuant to California Rules of the Court, Rule 3.1806.? CRC 3.1806 requires ?[i]n all cases in which judgment is rendered upon a written obligation to pay money, the clerk must, at the time of entry of judgment, unless otherwise ordered, note over the clerk’s official signature and across the face of the writing the fact of rendition of judgment with the date of the judgment and the title of the court and the case.? If the originals cannot be included, Plaintiff should submit an application for a discretionary order to use copies of the lost papers. Kahn v. Lasorda’s Dugout, Inc. (2003) 109 Cal.App.4th 1118, 1124; CCP ?1045. Plaintiff has not provided the originals and has not indicated an inability to provide the same.
Plaintiff must provide either the original fee agreement and invoices, or a declaration indicating the inability to provide originals for cancellation pursuant to Local Rule 3.204 and CRC 3.1806. Additionally, while a request for dismissal of Does was included in the previous package, no request for dismissal has been filed and the request for dismissal was not provided with the revised default package. Plaintiff must resubmit the dismissal of Does. CRC 3.1800(a)(7).
The matter is continued to June 7, 2016, at 8:30 a.m. The amended packet is ordered to be submitted no later than may 27, 2016.