PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: EP One, LLC and PR Blu Ltd dba Blue Beverly Hills 

RESPONDING PARTY: Michael Mizrachi 

BACKGROUND 

This case arises from a landlord-tenant dispute. Plaintiff Michael Mizrachi (“Tenant”) entered into a rental agreement with EP One LLC and PR Blu Ltd dba Blu Beverly Hills (“Landlord”) for property located at 8601 Wilshire Blvd., Unit 301, Beverly Hills, CA, 90211 (the “Property”).  After Tenant vacated the Property, he claims Landlord failed to provide an accounting or return the security deposit in the amount of $13,000.  The Complaint alleges a single claim for failure to return security deposit and rent.   

Landlord filed a Cross-Complaint.  The Cross-Complaint alleges Tenant failed to make rental payments due under the lease, abandoned the Property without notice, and caused damage to the Property resulting in repairs needed to return the Property to rental condition.  The Cross-Complaint alleges a single claim for breach of contract and seeks monetary damages totaling $40,341.17.    

Landlord filed a proof of service showing Tenant was served with the cross-complaint by mail through his attorney on August 14, 2023.  Tenant was obligated to respond.  Tenant did not do so.  Plaintiff successfully requested the entry of Tenant’s default, which was entered by the Clerk’s Office on October 30, 2023.  Plaintiff requested a default judgment on July 2, 2024.  Landlord served Tenant by mail with both the Request for Entry of Default and Request for Default Judgment.  Tenant has not responded. 

RELIEF REQUESTED 

Default judgment against Tenant for a total of $41,989.67, which is comprised of: (1) $40,341.17, for damages, (2) $1,200, for attorneys’ fees, and (2) $448.50, for costs.  

ANALYSIS 

Code Civ. Proc. § 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 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 Code Civ. Proc. § 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 $40,341.17, which is the same amount demanded in the Complaint.  Landlord also declares it incurred attorneys’ fees of $1,200, which Landlord (as the prevailing party) is entitled to recover pursuant to Section 32 of the Lease.  Section 32 permits recovery of attorneys’ fees up to $1,200.  A memorandum of costs in the amount of $448.50 is set forth in Item 7 of the CIV-100 form.  The evidence (including the Lease and rent ledger) is authenticated by declaration.  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 dismissal of the fictitious defendants, requested damages in amounts supported by the filings and not in excess of the amount stated in the Cross-Complaint, and filed a proposed judgment (JUD-100).   As default has already been entered and there has been no response from Tenant, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Cross-Plaintiffs EP One, LLC and PR Blu, Ltd’s Request for Default Judgment is GRANTED as to Cross-Defendant Michael Mizrachi.  Default judgment in the amount of $41,989.67 is awarded in favor of Cross-Plaintiffs.