PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: RHB Management Company  

RESPONDING PARTY: Karissa Fernandez 

BACKGROUND 

This is an unlawful detainer action.  Defendant Karissa Fernandez (“Tenant”) entered into a residential lease agreement with Plaintiff RHB Management Company (“Landlord”), to rent 11988 Kiowa Ave. Unit 12, Los Angeles, California 90049.  Tenant failed to pay rent.   

On March 16, 2023, Landlord served a 3 day notice to pay rent or quit.  Tenant failed to comply with the requirements of the notice.   

On April 3, 2023, Landlord filed a complaint against Tenant.  The Complaint seeks $27,000 in back rent, damages at the daily rate of $75 starting on April 1, 2023, plus attorneys’ fees and costs.    

Landlord filed a proof of service showing Tenant was served by posting and mail service on April 27, 2023.  Tenant was obligated to respond.  Tenant did not do so.  Landlord successfully requested the entry of Tenant’s default, which was entered by the Clerk’s Office on May 24, 2023.  Landlord requested a default judgment on November 9, 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 Tenant for a total of $29,753.47, which is comprised of: (1) $27,000 for past-due rent, (2) $2,775 for holdover damages, (3) $1,000 for attorneys’ fees and (4) $735 in costs minus (5) $1,756.753 in security deposit credits.   

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 amounts requested in the default judgment.  A memorandum of costs in the amount of $735 is set forth in Item 7 of the CIV-100 form.  The evidence submitted (the lease agreement and rent ledger) is authenticated by further declaration.  The lease agreement allows for the recovery of attorneys’ fees not to exceed $1,000, and Landlord seeks $1,000 in attorneys’ fees.  Procedurally, Landlord properly served Tenant 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 (UD-110).  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 RHB Management Company’s Request for Default Judgment is GRANTED as to Defendant Karissa Fernandez.  Default judgment in the amount of $29,735.47 is awarded in favor of Plaintiff.