PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Pacific Design Center 1 LLC  

RESPONDING PARTY: Chelsea Carpets, Inc. 

BACKGROUND 

This case arises from a landlord-tenant dispute.  Plaintiff Pacific Design Center 1 LLC (“Landlord”) entered into a written lease agreement with Defendant Chelsea Carpets Inc. (“Tenant”) for property located at 700 San Vicente Blvd, Space G-690, West Hollywood, California.  The lease agreement was later amended so Tenant was relocated to 8687 Melrose Avenue Space B-408 and B4-1, West Hollywood, California (the “Property”).  Tenant failed to pay rent.   

The parties then entered into a surrender agreement (the “Agreement”).  Under the Agreement, Landlord agreed to accept $40,000 as a settlement in full satisfaction of Tenant’s monetary obligations payable at the rate of $2,222 per month commencing on August 1, 2022.  If Tenant breached the Agreement, then Landlord “shall have the right to exercise any and all of Landlord’s rights and remedies pursuant to the Existing Lease” and “Tenant shall be obligated to pay any and all Base Rent and Additional Rent that would have been due.” 

Tenant later failed and refused to pay the $2,222.22 monthly payment due under the Agreement.  Accordingly, Landlord seeks the full amount of the unpaid rent since January 1, 2022, in the amount of $110,529.93, which amount continues to accrue.         

On January 25, 2023, Landlord filed a Complaint against Tenant.  The Complaint alleges claims for breach of contract and account stated.  The Complaint seeks damages of “not less than $110,529.93” for unpaid rent, prejudgment interest, and attorneys’ fees and costs.     

Landlord filed a proof of service showing Tenant was personally served through its agent for service of process on March 14, 2023.  Tenant was obligated to respond within 30 days. Tenant did not do so. Landlord successfully requested the entry of Tenant’s default, which was entered by the Clerk’s Office on May 9, 2023.  Landlord requested a default judgment on August 3, 2023.  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 Defendant for a total of $121,004.12, which is comprised of: (1) $110,529.93, for damages, (2) $6,968.90 for interest, (3) $2,995.29 for attorneys’ fees and (4) $510, 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, Landlord has not properly complied with all the substantive and procedural requirements for a default judgment.  Landlord seeks $110,528.93 and 10% interest on that amount but Landlord fails to specify the basis for the 10% interest.  Landlord also seeks $2,995.29 in attorneys’ fees which Landlord claims is authorized under the Lease.  But the Lease itself is not attached to any declaration in support of the request for default judgment.   

CONCLUSION AND ORDER  

For the foregoing reasons, the Court DENIES WITHOUT PREJUDICE Plaintiff Pacific Design Center 1, LLC’s Request for Default Judgment.