PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: TA Venice on Rose LP  

RESPONDING PARTY: Stretchlab Venice, LLC, Byron Elton, Linda Elton, Tanner Elton and Megan Elton 

BACKGROUND 

This is a breach of lease case.  Plaintiff TA Venice on Rose LP (“Landlord”) is the owner of real property located at 512 Rose Avenue, Venice, California 90291 (the “Premises”.)  Defendant Stretchlab Venice, LLC (“Tenant”) rented the Premises.  Landlord’s predecessor in interest entered into a written lease (the “Lease”), with Tenant’s predecessor in interest for the Premises.   

The Lease was amended three times in writing.  The second amendment to the Lease called “Assignment and Assumption Agreement and Second Amendment to Lease,” assigned the Lease to Tenant.  In connection with the Second Amendment, Defendants Byron Elton, Linda Elton, Tanner Elton and Megan Elton (collectively “Guarantors”) executed a written lease guaranty.  Tenant and Guarantors failed to make rental payments due under the Lease.   

On August 28, 2023, Landlord filed a complaint against Tenant and Guarantors.  The operative complaint alleges claims for (1) breach of lease, (2) breach of guaranty, and (3) common count.  The complaint seeks damages totaling $85,000 plus attorneys’ fees and costs.      

Plaintiff filed proofs of service showing Tenant and Byron Elton were substitute served on September 8, 2023; Linda Elton was personally served on September 26, 2023; Megan Elton was personally served on October 5, 2023; and Tanner Elton was substitute served on October 5, 2023.  Defendants were obligated to respond within 30 days.  Defendants did not do so.  Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on November 28, 2023.  Plaintiff requested a default judgment on January 19, 2024.  Plaintiff served Defendants by mail with both the Request for Entry of Default and Request for Default Judgment.  Defendants have not appeared. 

RELIEF REQUESTED 

Default judgment against Defendants for a total of $89,821.79 comprising of (1) $84,940.19 in damages, (2) $2,292.80 in costs, and (3) $2,588.80 in 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, Plaintiff has properly complied with all the substantive and procedural requirements for a default judgment. Substantively, Plaintiff attests via declaration that there have been damages in the amount of $84,940.10 as amounts owing on the Lease and Guaranty, which amount is less than that stated in the Complaint.  Plaintiff requests attorneys’ fees pursuant to Section 2601 of the Lease and the Los Angeles County Superior Court Rules in the sum of $2,588.80.  Plaintiff also seeks costs totaling $2,292.80 which are itemized in section 7 of the CIV 100 form.  Procedurally, Plaintiff properly served Defendants 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 fictitious defendants, and filed a proposed judgment (JUD-100).  As default has already been entered and there has been no appearance or filing whatsoever from Defendants, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff TA Venice on Rose LP’s Request for Default Judgment is GRANTED as to Defendants Stretchlab Venice, LLC, Byron Elton, Linda Elton, Tanner Elton and Megan Elton.  Default judgment in the amount of $89,821.79 is awarded in favor of Plaintiff.