Notice Of Motion And Motion For Order Instructing Clerk To Enter Default And Default Judgment
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25623193 - June 8, 2026 Hearing date: June 8, 2026 Case number: CGC25623193 Case title: JPMORGAN CHASE BANK, N.A. VS. JOSEPH MCLAUGHLIN Case Number: | | CGC25623193 | Case Title: | | JPMORGAN CHASE BANK, N.A. VS. JOSEPH MCLAUGHLIN | Court Date: | | 2026-06-08 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion For Order Instructing Clerk To Enter Default And Default Judgment | Rulings: | | Matter on the LAW AND MOTION / DISCOVERY Calendar for Monday, Jun-08-2026. LINE 8. PLAINTIFF JPMORGAN CHASE BANK, N.A.'S Motion For Order Instructing Clerk To Enter Default And Default Judgment.
The unopposed motion for an order instructing the clerk to enter default and default judgment is denied without prejudice. Moving party provides no evidence that it has included a venue declaration with its packet or served the venue declaration on the defendant.
Civil Code, section 1812.10, subdivision (c), provides: "In any action subject to this section, concurrently with the filing of the complaint, the plaintiff shall file an affidavit stating facts showing that the action has been commenced in a superior court and court location described in this section as a proper place for the trial of the action. Those facts may be stated in a verified complaint and shall not be stated on information or belief. When that affidavit is filed with the complaint, a copy thereof shall be served with the summons.
If a plaintiff fails to file the affidavit or state facts in a verified complaint required by this section, no further proceedings may occur, but the court shall, upon its own motion or upon motion of any party, dismiss the action without prejudice. The court may, on terms that are just, permit the affidavit to be filed subsequent to the filing of the complaint and a copy of the affidavit shall be served on the defendant. The time to answer or otherwise plead shall date from that service."
The court observes that the plaintiff's brief argues that the clerk may not require proof of damages, but the notice of rejection of default does not cite a lack of proof of damages as a basis for rejection.
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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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