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(Spring Street Courthouse: Dept. 9) August 24, 2026 DEPARTMENT 9 LAW AND MOTION RULINGS

entry of default judgment, which the Court will review. The Initial Status Conference is CONTINUED TO 10/1/26 at 10 AM. Case Number: 26STCV01963 Hearing Date: August 24, 2026 Dept: 9 8/21/26 The Court has approved the JOINT STIPULATION TO CONTINUE INITIAL STATUS CONFERENCE filed on 8/13/26. The Court has signed the proposed order after adding the following language: "The Court has reviewed the JOINT STIPULATION TO CONTINUE INITIAL STATUS CONFERENCE filed on 8/13/26. In their Stipulation, the Parties indicate that on July 14, 2026, the Parties participated in an all-day mediation presided over by Deborah Crandall Saxe, Esq., which ultimately led to the Parties' agreement to settle the Action and execution of a binding Memorandum of Understanding.

The Parties are diligently working on drafting and finalizing a long form settlement agreement. If the settlement includes dismissal of class action claims, then Plaintiff must comply with California Rules of Court, Rule 3.770 and file CRC 3.770 dismissal documents (including a declaration describing whether class members have been notified of the pendency of the class claims; whether any consideration is being given for dismissal of class claims; what if any consideration, direct or indirect, is being given for the (individual) settlement; and whether there is any other potential prejudice to class members) by November 9, 2026 in order to obtain a dismissal.

Do NOT use Judicial Council Form Civ-110, Request for Dismissal. Otherwise, Plaintiff must file and serve Motion for Preliminary Approval of Class Action Settlement by November 9, 2026. Plaintiff must call the Court prior to filing and serving to obtain a hearing date and briefing schedule. The Court sets a nonappearance case management review regarding filing of CRC 3.770 dismissal documents or motion for preliminary approval for November 16, 2026, 8:30 AM, Department 9. All other dates are advanced and vacated.

Plaintiff is ordered to give formal notice to all parties and file proof thereof. It is SO ORDERED."

Case Number: 26STCV01974 Hearing Date: August 24, 2026 Dept: 9 The Court hereby distributes a tentative Minute Order for the August 24, 2026 ISC. The parties are welcome to provide input and propose modifications to any aspect of the minute order at the Initial Status Conference. If all parties submit on the tentative minute order prior to the commencement of the August 24, 2026 ISC, the Court will adopt the tentative minute order, and the parties need not appear. However, if there is any matter that any party would like to discuss, including any proposed change to this tentative minute order, that party should not submit on this tentative but instead appear at the ISC to raise the issue.

To avoid a failure to appear, please make sure to check in with Department 9 court staff and wait for the case to be called unless you receive notification that all parties have submitted on the tentative minute order.

[TENTATIVE] MINUTE ORDER All Defendants are ordered to file a timely Notice of Appearance within 30 days of service of the operative Amended Summons and First Amended Complaint on them. If any named Defendant fails to timely respond to service of the operative Amended Summons and First Amended Complaint by filing a Notice of Appearance, Plaintiff must timely seek and obtain entry of default against all such named Defendants who fail to timely file a Notice of Appearance. ____________________________________________________________________

Plaintiff has filed proof of service of the operative Amended Summons and First Amended Complaint as to certain defendants who have not timely responded to service of the operative Amended Summons and First Amended Complaint, including DIVINE FUTURES, INC. The time to respond for these defendants who have been served has already lapsed. The Court reminds the parties that ultimately, the Court may not enter default judgment in an amount exceeding the amount demanded in the Complaint. (CCP 585(b).)

The Court may not grant relief not demanded in the complaint by default judgment even though that relief otherwise would have been proper. (CCP Sec. 580(a); Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1018 (default judgment for sum in excess of that demanded in complaint is void). "It is fundamental to the concept of due process that a defendant be given notice of the existence of a lawsuit and notice of the specific relief which is sought in the complaint served upon him." (Marriage of Lippel (1990) 51 Cal.3d 1160, 1166 [emphasis added].)

Accordingly, prior to seeking any Defendant's default, Plaintiff may wish to review the operative Complaint to determine whether the operative Complaint gives notice of the amount of damages that Plaintiff seeks to recover in the event of a default judgment; if the operative Complaint fails to do so, it may be futile for Plaintiff to seek entry of Defendant's default without first amending the Complaint to clearly state and give notice of the amount of damages that Plaintiff is seeking to recover in the event of a default judgment.

In the event that Plaintiff wishes to amend the Complaint for this purpose, the Court hereby lifts the stay to grant Plaintiff leave to file an amended complaint. If Defendant again fails to respond upon being served with the amended complaint, a request for entry of Defendant's default on the Amended Complaint may then possibly lead to a request for entry of default judgment in an amount equal to or less than that stated in the Amended Complaint.

To be clear, the Court is not ordering Plaintiff to amend the operative Complaint; if, after considering the above, Plaintiff voluntarily wishes to amend the operative Complaint to give notice of the amount of damages that Plaintiff seeks to recover in the event of a default judgment, the Court hereby grants leave for Plaintiff to do so. By no later than September 11, 2026, Plaintiff's Counsel must file either a request for entry of DIVINE FUTURES, INC's default or a declaration explaining the failure to seek and obtain DIVINE FUTURES, INC's default, setting forth any and all efforts undertaken to obtain DIVINE FUTURES, INC's default, and explaining why sanctions (including monetary sanctions of at least $1,000) should not be imposed for failure to timely seek DIVINE FUTURES, INC's default, in compliance with California Rules of Court, Rule 3.720.

Failure to comply by September 11, 2026 may result in the Court setting an OSC re sanctions.

The previously imposed stay on the entirety of this action (including the pleadings and discovery) remains in effect. The Initial Status Conference is continued to October 16, 2026 at 8:30 am. The parties are to file a Joint Initial Status Conference Report by no later than October 9, 2026 in compliance with the Court's Initial Status Conference order. Plaintiff's Counsel is ordered to give notice to all other parties and file proof of service of such.

Case Number: 26STCV02686 Hearing Date: August 24, 2026 Dept: 9 The Court hereby distributes a tentative Minute Order for the August 24, 2026 ISC. The parties are welcome to provide input and propose modifications to any aspect of the minute order at the Initial Status Conference. If all parties submit on the tentative minute order prior to the commencement of the August 24, 2026 ISC, the Court will adopt the tentative minute order, and the parties need not appear. However, if there is any matter that any party would like to discuss, including any proposed change to this tentative minute order, that party should not submit on this tentative but instead appear at the ISC to raise the issue.

To avoid a failure to appear, please make sure to check in with Department 9 court staff and wait for the case to be called unless you receive notification that all parties have submitted on the tentative minute order.

26STCV02686 [TENTATIVE] MINUTE ORDER The time for Defendant to file a timely Notice of Appearance is extended to October 8, 2026. If Defendant fails to timely respond to service of the operative Amended Summons and First Amended Complaint by filing a Notice of Appearance, Plaintiff must timely seek and obtain entry of default. ____________________________________________________________________

The Court reminds the parties that ultimately, the Court may not enter default judgment in an