Unknown v. Unknown
Request for entry of default judgment
Motion type
Ruling
relief is denied. Plaintiff's request for further sanctions is also denied. Plaintiff cites no applicable authority in support of the request. Metro's motion is not brought under the Civil Discovery Act, and so the "substantial justification" standard does not apply, and Plaintiff has not satisfied the procedural requirements for a motion under (for example) Code of Civil Procedure section 128.7.
Conclusion
The Court DENIES the motion of Defendant Los Angeles County Metropolitan Transportation Authority to vacate order of June 12, 2026, imposing sanctions against it and its counsel. Moving Party is to give notice.
judgment submitted on August 19, 2026, is denied without prejudice. The following issues must be addressed before a default judgment can be entered. First, the Doe defendants have not been dismissed. Second, there is not sufficient evidence that Defendant Code is the employer of Defendant Hogans (and thus vicariously liable for the underlying accident). Third, there is not sufficient evidence (such as a declaration from the insureds) setting forth the facts establishing liability and proper identification of Defendants. The Order to Show Cause is continued to November __, 2026, at 8:30 am, in Department 514. Case Number: 25STCV10086 Hearing Date: August 26, 2026 Dept: 514 Rolon v. Fresh Corn Grill, Inc. 25STCV10086 Defendants' Motion to Strike Tentative Ruling The motion to strike is denied.
Background
On April 4, 2025, Jose Duenas Rolon ("Plaintiff") filed the complaint in this action against Fresh Corn Grill, Inc., Fresher Corn Grill, Inc., Lena Klein, and Does 1 through 100. On May 5, 2025, Fresher Corn Grill, Inc. filed an answer to the complaint and a cross-complaint against Fresh Corn Grill, Inc. and Lena Klein. On June 2, 2025, Fresh Corn Grill, Inc. and Lena Klein (collectively "Defendants") filed an answer to the complaint and a cross-complaint against Fresher Corn Grill, Inc., Joshua Kleinberg, and Roes 1 through 25. On February 23, 2026, the Court granted, with leave to amend, Defendants' motion to strike the punitive damages allegations in the complaint.
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