PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Bel Air Grand Estates LLC 

RESPONDING PARTY: Otinel Ribeiro 

BACKGROUND 

This case arises from a landlord tenant dispute.  Plaintiff Bel Air Grand Estates LLC (“Landlord”) is the owner and lessor of a luxury residential apartment complex located at 2391 Roscomare Road, Los Angeles, California which includes Unit 301 (the “Premises”).  Defendant Otiniel Ribeiro (“Tenant”) entered into a two year residential lease for the Premises (“Lease”), to expire on August 31, 2022.  Pursuant to the Lease, Tenant is required to pay a base rent of $10,500, a late fee of 5% of any amount due under the Lease which is not paid within five days of becoming due, and a pro rata share of common area utilities.  

Tenant defaulted by failing to make rent and other payments.  Landlord served a 15 day notice to pay rent or quit or otherwise provide proof of inability to pay due to a COVID-related decrease in income.  Landlord then commenced an unlawful detainer action.  A default judgment for possession was entered against Tenant, and Landlord regained possession of the premises on June 2, 2021.  Landlord then obtained a default judgment in the unlawful detainer action for the sum of $20,470.90. 

Landlord successfully re-let the premises on March 29, 2022.  Plaintiff now seeks base rent, late fees, and pro rata share of the common area utilities from June 3, 2021 through March 28, 2022.   

On May 9, 2022, Landlord filed a Complaint against Tenant.  The Complaint alleges a single claim for breach of the Lease.  The Complaint seeks base rent in the sum of $103,600, unpaid late fees in the sum of $7,875, unpaid common area utilities of $4,663.04, and unearned brokers’ commissions in the sum of $11,340 for a total of $127,478.04. 

Landlord filed a proof of service showing Tenant was personally served with the Complaint on May 17, 2022.  Tenant was obligated to respond within 30 days.  Tenant failed to do so.  Landlord successfully requested the entry of Tenant’s default, which was entered by the Clerk’s Office on June 17, 2022.  Landlord then requested a default judgment on September 30, 2022.  Landlord served Tenant by mail with both the Request for Entry of Default and Request for Default Judgment.  Tenant has not appeared.   

RELIEF REQUESTED 

Default judgment against Tenant for a total of $131,174.23 which is comprised of (1) $127,478.04, for damages, (2) $531.41, for costs, and (3) $3,164.78, for attorneys’ fees.  

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, Landlord has properly complied with all the substantive and procedural requirements for a default judgment. Substantively, Landlord declares via declaration that there have been damages in the amount of $127,478.04 as amounts owing under the Lease.  A memorandum of costs for $531.41 has been provided in item 7 of Landlord’s CIV-100 form.  The evidence submitted (the Lease and an invoice for brokers’ commissions) is authenticated by further declaration.  The Lease allows for recovery of attorneys’ fees by the prevailing party, and Landlord’s request for fees (in the amount of $3,164.78) is supported by a declaration that shows how the fees were calculated pursuant to Local Rule 3.214.  Procedurally, Landlord properly served Tenant 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.   As default has already been entered and there has been no appearance or filing whatsoever from Tenant, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Bel Air Grand Estate’s Request for Default Judgment is GRANTED as to Defendant Otinel Ribeiro.  Default judgment in the amount of $131,174.23 is awarded in favor of Plaintiff.  The pending Order to Show Cause re: Entry of Default Judgment is discharged.