Department 58

Hearing Date: August 29, 2022

Case Name: Elizabeth Reyes v. Cedar Green, LLC

Case No.: 21STCV35534

Matter: Default Judgment Application

Moving Party: Plaintiff Elizabeth Reyes

Responding Party: Unopposed

Tentative Ruling: Plaintiff should be prepared to testify or provide additional evidence as to her economic and non- economic damages.

STATEMENT OF CASE

This is a personal injury action due to uninhabitable conditions in a property. Plaintiff alleges claims for breach of implied/statutory warranty for habitability, breach of the covenant of quiet enjoyment, negligence, violation of Civil Code section 1942.4, and private nuisance.

The clerk’s default was entered on March 21, 2022.

DISCUSSION

Plaintiff requests damages in the total amount of $21,310.00. This represents $20,400.00 for rent abatement or reimbursement at a rate of $850.00 per month for 24 months between October 1, 2019 through February 28, 2020 (5 months) and September 1, 2020 through March 31, 2022 (19 months). (Reyes Decl. ¶ 17.) She also requests $200.00 for a mattress, $60.00 for bedding, and $50.00 for two chairs that were damaged by bed bugs. (Id. at ¶ 16.)

There is also a request for $40,000.00 in “general damages,” which appears to be for pain, suffering, and inconvenience. On the Statement of Damages, Plaintiff previously requested $100,000.00. It is unclear why the amount has dropped to $40,000.00.

Both the economic and non-economic damages require a prove-up hearing. Plaintiff must provide more evidence of economic damages as to rent and the basis for calculating the rent abatement or reimbursement. For example, the “Notice of Change of Terms of Tenancy” indicate that monthly rent was $950.00 so it is unclear why Plaintiff only paid $900.00. Plaintiff should be prepared to provide evidence to the Court as to the degree of damage to the unit and relevant timeframes. In addition, she must be prepared to provide a basis for her claim of non-economic damages.

If on August 29, 2022, Plaintiff is unable or unprepared to prove-up the damages, then Plaintiff should be prepared to provide available dates for such a hearing in the near future.