Department 58

Hearing Date: January 17, 2024

Case Name: Glendale Properties, Inc. v. Richard

Case No.: 22STLC07980

Matter: Default Judgment prove-up

Moving Party: Plaintiff Glendale Properties, Inc.

Responding Party: Unopposed

Tentative Ruling: The request for default judgment is granted conditionally.

This is an action arising from a breach of a residential lease agreement. Glendale Properties, Inc. (Plaintiff) alleges that Defendant Joshua Anderson Richard (Defendant) discussed renting the residential property located at 310 S. Kenmore Ave., Apt./Unit 104, Los Angeles, California, 90020 with Plaintiff for $1,940 a month with a $1,940 security deposit. However, as a result of a drafting mistake, the Lease listed both as $0. The Complaint contains a single cause of action for reformation pursuant to Civil Code section 3399.

On June 6, 2023, this Court entered default against Defendant. Plaintiff moves for default judgment against Defendant. Does 1-25 have not been dismissed. The request for entry of default judgment is granted upon the dismissal of the Doe defendants.

Discussion

Plaintiff seeks default judgment for reformation of Trumark Real Estate Management Residential Lease against Defendant Joshua Anderson Richard.

Reformation is an equitable remedy that permits a court to reform a contract and is governed by Civil Code section 3399, which states “[w]hen, through fraud or mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention . . . .” (Shupe v. Nelson (1967) 254 Cal.App.2d 693, 699.)

Plaintiff submits evidence that the parties agreed to a monthly rent and security deposit of $1,940. (Trueblood Decl., ¶¶ 2-3, Ex. 3.) As of this date, Defendant has failed to and refuses to pay rent or the security deposit to Plaintiff. (Trueblood Decl. ¶ 7.) Based on the foregoing evidence, Plaintiff has substantiated its claim for reformation.

Plaintiff also seeks costs in the amount of $493.51. Plaintiff has substantiated these costs. (CIV-100 ¶ 7.)

Lastly, Plaintiff seeks attorney fees in the amount of $500. Section 27 of the Lease provides, “[i]n the event action is brought by any party to enforce any terms of this agreement or to recover possession of the premises, the prevailing party shall recover from the other party reasonable attorney fees not to exceed $500.” (Trueblood Decl., Ex. 2.) Plaintiff is entitled to attorney fees.

Thus, the Court will grant default judgment upon the filing of a dismissal of the remaining doe defendants.