Judge: Daniel M. Crowley, Case: 23STCV19826, Date: 2023-12-20 Tentative Ruling
Case Number: 23STCV19826 Hearing Date: April 15, 2024 Dept: 71
County
of Los Angeles
DEPARTMENT 71
TENTATIVE
RULING
|
1200 MANAGEMENT LLC,
vs. JACKIE BUNAO, et al. |
Case
No.: 23STCV19826 Hearing Date: April 15, 2024 |
Plaintiff 1200
Management LLC’s Request for Default Judgment
Having considered all documents submitted in support of a default
judgment, the Court rules as follows:
Background
On August 18, 2023,
1200 Management LLC (“Plaintiff”) filed this action against Defendants Jackie
Bunao and Alan Bunao (collectively, “Defendants”) for recovery of COVID-19
Rental Debt.
On September 29,
2023, the clerk entered default against Defendant Alan Bunao. On October 5, 2023, the clerk entered default
against Defendant Jackie Bunao. On April
15, 2024, this Court granted Defendant Jackie’s motion to set aside entry of
default.
Party’s Request
Plaintiff requests the Court to enter a
default judgment against Defendants Jackie Bunao and Alan Bunao and award Plaintiff $62,346.98
consisting of $46,908.80 as the demand of the complaint, $14,736.98 in
prejudgment interest, and $701.20 in costs.
The Court cannot enter judgment against Jackie because this Court granted
her motion to set aside entry of default.
However, Alan has not moved to set aside entry of default; therefore,
this default packet is properly submitted by Plaintiff against him.
Discussion
Plaintiff
submitted a completed default judgment packet, with all applicable attachments.
The Court finds sufficient evidence to justify the requested award and grants
Plaintiff’s request as to Alan only.
Conclusion
The application
for default judgment filed on December 26, 2023, is granted. Judgment of $62,346.98 is entered against Defendant Alan only.
Plaintiff is ordered to give notice of
this ruling.
Plaintiff 1200
Management LLC’s Request for Default Judgment
Having considered all documents submitted in support of a default
judgment, the Court rules as follows:
Background
On August 18, 2023,
1200 Management LLC (“Plaintiff”) filed this action against Defendants Jackie
Bunao and Alan Bunao (collectively, “Defendants”) for recovery of COVID-19
Rental Debt.
On September 29,
2023, the clerk entered default against Defendant Alan Bunao. On October 5, 2023, the clerk entered default
against Defendant Jackie Bunao. On April
15, 2024, this Court granted Defendant Jackie’s motion to set aside entry of
default.
Party’s Request
Plaintiff requests the Court to enter a
default judgment against Defendants Jackie Bunao and Alan Bunao and award Plaintiff $62,346.98
consisting of $46,908.80 as the demand of the complaint, $14,736.98 in
prejudgment interest, and $701.20 in costs.
The Court cannot enter judgment against Alan Bunao at this time because
Plaintiff seeks damages against Alan and Jackie jointly and severally. (See, Mirabile v. Smith (1953)
119 Cal.App.2d 685, 689.)
Conclusion
Plaintiff’s request for
entry of default judgment against Alan Bunao is denied as premature without
prejudice.
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Hon. Daniel M. Crowley |
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Judge of the Superior Court |