Department 58

Hearing Date: December 11, 2024

Case Name: IRP Griffin Apartments, LLC. v. Nelson

Case No.: 23STCV08559

Matter: Default Judgment prove-up

Moving Party: Plaintiff Griffin Apartments, LLC

Responding Party: Unopposed

Tentative Ruling: The request for default judgment is granted.

This is an unlawful detainer action. The Complaint alleges that Plaintiff IRP Griffin Apartments, LLC (Plaintiff) entered into a residential lease agreement with Defendant Michael Nelson (Defendant). Thereafter, Defendant failed to make all the required rental payments under the lease.

On June 15, 2023, this Court entered default against Defendant. Plaintiff now moves for default judgment against Defendant. Possession is no longer at issue. The request for entry of default judgment is granted.

Discussion

Plaintiff seeks default judgment in the amount of $90,751.45 against Defendant Nelson, which includes $60,622.33 in past due rent, $33,428.12 in holdover damages, $1,200 in attorney fees, $720 in costs, plus a $5,219 credit in the form of the security deposit.

Plaintiff submits evidence that the parties entered into a lease agreement on October 21, 2021 for a monthly rent of $4,876 (which increased to $5,363 on January 1, 2022) and a security deposit of $5,219. (Izquierdo Decl., �� 4-5, Ex. 4c.) As of April 1, 2022, Defendant has failed to and refuses to pay rent to Plaintiff. (Izquierdo Decl. � 6.) Based on the foregoing evidence, Plaintiff has substantiated its claim for damages in the amount of $60,622.33 in past due rent and $33,428.12 in holdover damages.

Plaintiff also seeks costs in the amount of $720. Plaintiff has substantiated these costs. (Izquierdo Decl., � 14.)

Lastly, Plaintiff seeks attorney fees in the amount of $1,200. Section 32 of the Lease provides for attorney fees. (Izquierdo Decl., � 13.) Plaintiff is entitled to attorney fees.

Thus, the Court will grant default judgment in the amount of $90,751.45 against Defendant Nelson.