Aubrey v. Ochoa

DEPARTMENT 413 LAW AND MOTION RULINGS

Case No. 22STCV34285 Aubrey v. Ochoa Order to Show Cause re Dismissal for Failure to Enter Default Judgment May 18, 2026

Default was entered against Defendant Eddie Alberto Ochoa on December 30, 2025.

The Statement of Damages for Plaintiff Luke Aubrey seeks $250,000 in general damages for pain, suffering, and emotional distress plus 42,072.05 in medical expenses. Plaintiff Azzah Widatalla’s Statement of Damages similarly seeks $250,000 in general damages for pain, suffering, and emotional distress plus 39,399.35 in medical expenses.

On December 30, 2025, Defendants also sought default judgment.

Plaintiffs have offered no factual or legal support for their demand of $145,504.22 in attorney fees. Plaintiffs have filed four JUD-100 seeking two separate judgments for each Plaintiff, but those forms do not conform to the information provided in the mandatory CIV-100 form.

Furthermore, Plaintiffs have failed to comply with the requirements of Cal. Rules of Court, rule 3.1800. They have submitted no summary of the case, no declarations or other admissible evidence to support the damages requested, and no dismissal of the remining Doe Defendants, Does 3 to 6.

The Request for Default Judgment is denied. The Court continues the Order to Show Cause re Dismissal for Failure to Enter Default Judgment, to ______________, 2026. No later than 14 days before the continue hearing, Plaintiffs must either submit proper documentation for the Court to enter default judgment or an explanation why the case should not be dismissed for failure to proceed to default judgment.

Case Number: 24STCV13085 Hearing Date: May 18, 2026 Dept: 413 TENTATIVE RULING HEARING