Judge: Christian R. Gullon, Case: 21PSCV01074, Date: 2022-12-23 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, attorneys are advised to check this website to determine if any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Dept. R at 909-802-1117 before 8:30 the morning of the hearing.

Case Number: 21PSCV01074    Hearing Date: December 23, 2022    Dept: R

GOLD EDA PROPERTIES LLC vs ZIXIANG ZHAO, et a (21PSCV01074)

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Plaintiff’s APPLICATION FOR DEFAULT JUDGMENT

Tentative Ruling

Plaintiff’s APPLICATION FOR DEFAULT JUDGMENT is DENIED without prejudice.

Background

This is an unlawful detainer case.

On February 23, 2022, Plaintiff filed the instant action against Defendant ZIXIANG ZHAO ,

YUOU WANG AS AN INDIV. DBA NEW MODERN CHINESE RESTAURANT

On February 9, 2022, default was entered against ZIXIANG ZHAO . YUOU WANG AS AN INDIV. DBA NEW MODERN CHINESE RESTAURANT , ALL UNKNOWN OCCUPANT.

On March 3, 2022, a writ of execution was filed.

On September 29, 2022, the following application was filed.

Legal Standard

Code of Civil Procedure section 585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served. A party seeking judgment on the default by the Court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties. (Cal. Rules of Court, Rule 3.1800.)

Discussion

Plaintiff seeks entry of default judgment against Defendants for $136,432.14, including past-due rent and holdover damages.

However, the application fails because Plaintiff has failed to meet multiple requirements, including the following:

-          Providing a brief summary of the case

-          Evidence in support of damages

-          Explanation as to the individual liability of two defendants ZIXIANG ZHAO and YUOU WANG

-          And other exhibits as necessary.

Conclusion

Based on the foregoing, the application is denied without prejudice.