Default Prove Up
25CV131001: BIBRIESCA GARCIA, et al. vs HERNANDEZ HERNANDEZ 07/09/2026 Default Prove Up Hearing in Department 22
Tentative Ruling - 07/08/2026 Han N. Tran
The Court orders the following after review of the case.
The Court has reviewed plaintiff's default prove up packet.
The Court is prepared to grant plaintiff's requested damages, except for attorneys' fees. Appendix B of the Alameda Superior Court Local Rules set forth guidelines for the reasonable amount of attorneys' fees recoverable in those civil cases which "provid[es] for payment of attorney fees." In this case, there is no attorneys' fees provision in the parties' contract.
Plaintiff is ordered to file an amended proposed default judgment form (JUD-100) without any attorneys' fees request no later than 7/15/26.
Judicial: Non-Appearance Case Review re: Default Judgment Form (JUD-100) is scheduled for 7/21/26 at 03:00 PM in Department 22 at Rene C. Davidson Courthouse.
Clerk is directed to serve copies of this order, with proof of service, to counsel and to selfrepresented parties of record.
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IF YOU DO NOT CONTEST THE TENTATIVE RULING AND IF NO OTHER PARTY CONTEST THE TENTATIVE RULING, YOU DO NOT HAVE TO ATTEND THE HEARING AND THE COURT WILL AFFIRM THE TENTATIVE RULING.
IF YOU DO CONTEST THE TENTATIVE RULING, FOLLOW THE PROCEDURE BELOW:
THROUGH eCOURT Notify the Court and all the other parties no later than 4:00 PM one court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps:
1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select Search 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select Click to Contest this Ruling 7. Enter your Name and Reason for Contesting 25CV131001: BIBRIESCA GARCIA, et al. vs HERNANDEZ HERNANDEZ 07/09/2026 Default Prove Up Hearing in Department 22 8. Select Proceed
BY EMAIL Send an email to the DEPARTMENT CLERK (dept22@alameda.courts.ca.gov) and all the other parties no later than 4:00 PM one court day before the scheduled hearing. This will permit the department clerk to send invitations to counsel to appear remotely.
Notice via BOTH eCourt AND email is required. The tentative ruling will become the ruling of the court if no party contests the tentative ruling.
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