Department 58

Hearing Date: April 16, 2024

Case Name: Serrano Investment Group, LLC v. Yim

Case No.: 22STCV36266

Matter: Default Judgment prove-up

Moving Party: Plaintiff Serrano Investment Group, LLC

Responding Party: Unopposed

Tentative Ruling: The request for default judgment is granted.

This is a residential unlawful detainer eviction action. The Complaint alleges a single cause of action for unlawful detainer.

No responsive pleadings have been filed. Default was entered as to Defendant Taeguen Yim on December 29, 2022. A judgment for possession only of the residential premises was entered on January 5, 2023. A Writ of Possession was issued on January 10, 2023. Does 1-10 have been dismissed.

Plaintiff Serrano Investment Group, LLC (Plaintiff) now moves for default judgment against Defendant Taeguen Yim (Defendant). The request for entry of default judgment is granted.

Discussion

Plaintiff now seeks default judgment against Defendant in the amount of $30,201 plus daily rental damages of $23,435, and an additional $750 in attorney fees and $295 in costs. After applying a $900 security deposit, Plaintiff seeks a total of $53,781.20 in damages pursuant to Civil Code section 1951.2.

In an agreement dated December 11, 2019, Plaintiff leased the premises located at located at 1011 S. Serrano Ave., Unit 214, Los Angeles, CA 90006 to Defendant. (West Decl., ¶ 2.) For the months of October 2021 to September 2022, Defendant failed to pay the rent owed and became indebted to Plaintiff in the amount of $30,201. (West Decl., ¶ 5.) After the service of a Three-Day Notice and the filing of the Complaint, Defendant was locked out by the Los Angeles County Sheriff Department on April 12, 2023. Based on the foregoing, Plaintiff requests daily damages in the amount of $120.80 from October 1, 2022 (service of the Three-Day Notice) until April 12, 2023 (the date of Defendant’s lockout and Plaintiff’s possession) for an additional amount of $23,435.20. (West Decl., ¶¶ 4, 8-9.) Plaintiff also applied a $900 security deposit credit to its calculation of damages. (West Decl., ¶ 9.) Plaintiff has substantiated, with adequate evidence, the amount damages sought in its Complaint.

Plaintiff has also substantiated its request for attorney fees in the amount of $750, which is an amount not in excess of the amount prescribed by LASC Rule 3.214. Further, Plaintiff has substantiated the $295 in requested costs. (CIV-100 ¶ 7.)

Accordingly, the request for entry of default judgment is granted in the total amount of $53,781.20.