PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: MSS Properties Special Purpose II LLC  

RESPONDING PARTY: Ambulnz Health LLC 

BACKGROUND 

This case arises from a failure to pay rent.  Plaintiff MSS Properties Special Purpose II LLC leased the property at 1749 14th Street Santa Moncia, California (the “Property”) to Defendant Ambulnz Health LLC’s predecessor in interest, America MedServices Inc. (“AMI”).  Effective June 1, 2017, AMI assigned all of its right, title and interest in the Lease to Ambulnz.  The assignment modified the term of the lease to a five year term commencing from June 1, 2017 to September 30, 2022.   

Ambulnz entered into an Amended and Restated Management Services Agreement (“MSA”) with AMI.  The purpose of the MSA was to allow Ambulnz to operate AMI until the sale of AMI to Ambulnz could be completed.  Under the MSA, Ambulnz became responsible for payment of rent for the Property owing under the Lease prior to March 1, 2017.  The amount owed is $8,779.92.   

Ambulnz abandoned the Property on or about January 26, 2018.  Between June 1, 2017 and October 1, 2018, Ambulnz failed to pay rent due under the Lease.  The amount owed is $192,506.90.   

On July 1, 2018, Plaintiff mitigated its damages under the Lease by entering into a ten year lease with a replacement tenant.  After accounting for the rent paid by the replacement tenant, Ambulnz owes $371,591.75 for the period from October 1, 2018 through September 1, 2022.     

Ambulnz also failed to leave the Property in the condition required under the Lease.  As a result of such failures, Plaintiff incurred damages in the sum of $190,151.15 to cure these failures and restore the Property to the required condition.   

On April 22, 2021, Plaintiff filed a Complaint against Ambulnz.  The Complaint alleges claims for breach of written lease and breach of written contract.  The Complaint seeks $881,138.10 in damages.    

On October 1, 2022, Ambulnz filed its Answer to the Complaint and a Cross-Complaint against Plaintiff and Michael Summers (the manager and sole member of Plaintiff.)  On April 13, 2021, Ambulnz filed its First Amended Cross-Complaint.  The parties stipulated that the Answer filed by Ambulnz to the Complaint shall be stricken, and the Court shall enter a default against Ambulnz on the Complaint.  The parties also agreed that the First Amended Cross-Complaint filed by Ambulnz shall be dismissed without prejudice.   

Plaintiff successfully requested the entry of Ambulnz’s default, which was entered by the Clerk’s Office on March 8, 2023.  Plaintiff requested a default judgment on September 11, 2023.  Plaintiff served Ambulnz by mail with both the Request for Entry of Default and Request for Default Judgment.   

RELIEF REQUESTED 

Default judgment against Ambulnz for a total of $954,581.31, which is comprised of: (1) $763,029.72, for damages, (2) $182,291.60 for interest, (3) $9,560.29 for attorneys fees, and (4) $699.70, for costs.  

ANALYSIS 

Code of Civil Procedure section 585 sets forth the two options for obtaining a default judgment. First, where the plaintiff’s complaint¿seeks compensatory damages only, in a sum certain which is readily ascertainable from the allegations of the complaint or statement of damages, the clerk may enter the default judgment for that amount. However, if the relief requested in the complaint is more complicated, consisting of either nonmonetary relief, or monetary relief in amounts which require either an accounting, additional evidence, or the exercise of judgment to ascertain, the plaintiff must request entry of judgment by the court. In such cases, the plaintiff must affirmatively establish his entitlement to the specific judgment requested.¿ (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 287.) Section 585 also allows for interest, costs and attorney fees, where otherwise allowed by law. (Code of Civ. Proc.  585(a).) 

Multiple specific documents are required, such as: (1) form CIV 100, (2) a brief summary of the case; (3) declarations or other admissible evidence in support of the judgment requested; (4) interest computations as necessary; (5) a memorandum of costs and disbursements; (6) a proposed form of judgment; (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.  (CRC Rule 3.1800.)  

Here, Plaintiff has properly complied with all the substantive and procedural requirements for a default judgment. Substantively, Plaintiff declares via declaration that there have been damages in the amount of $763,029.72.  Plaintiff has set forth the contractual basis for its claim for attorneys fees and provided a calculation of such fees.  Plaintiff has also provided the statutory basis for its claim for prejudgment interest and a calculation of such interest.  A memorandum of costs in the amount of $503.50 is set forth in Item 7 of the CIV-100 form.  The evidence submitted (the agreements, accounting, and invoices) is authenticated by further declaration.  Procedurally, Plaintiff properly served Ambulnz more than 30 days prior to requesting entry of default and default judgment, correctly completed JC Form CIV-100 in a manner that would not void or put at issue the entry of default, provided a declaration of non-military status, requested damages in amounts supported by the filings and not in excess of the amount stated in the Complaint, and filed a proposed judgment (JUD-100).   As default has already been entered and the parties have stipulated that Ambulnz’s Answer is stricken, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff MSS Properties Special Purpose II LLC’s Request for Default Judgment is GRANTED as to Defendant Ambulnz Health LLC.  Default judgment in the amount of $954,581.31 is awarded in favor of Plaintiff.