PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: JGR Mar Vista 

RESPONDING PARTY: Tropez Marcel Aubour dba Atmosphere Café and Ouizman LLC 

BACKGROUND 

This case arises from a breach of a contract for commercial space located at 12034 Venice Blvd, Los Angeles, California (the “Premises”).  Plaintiff JGR Mar Vista’s predecessor in interest entered into a written commercial lease agreement (“Lease”) with Defendants Aubour Tropez Marcel and Ouizman, LLC.  Plaintiff acquired the Premises and was assigned all rights and interest in the Lease under an Assignment and Assumption of Lease.   

Defendants failed to pay rent.  Plaintiff caused Defendants to be served with a 3 Day Notice to Pay or Quit.  Defendants failed to comply with the Notice, and Plaintiff filed an unlawful detainer action.  That action resulted in a judgment for possession only.   

After regaining possession, Plaintiff was able to re-lease the Premises to a new tenant.  However, the new tenant’s rent is less than Defendants’ rent.  There is a shortfall of $1,533.02 per month.  

On September 18, 2023, Plaintiff filed the instant action, alleging a single claim for breach of Lease.  The Complaint seeks $149,817.00 in damages, interest at the rate of 10% per annum, and costs of suit.   

Plaintiff filed a proof of service showing Ouizman was served by substitute service on September 26, 2023, and Tropez was served by publication on April 12, 2024.  Defendants were obligated to respond.  They did not do so.  Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on June 12, 2024 and June 13, 2024.  Plaintiff requested a default judgment on July 1, 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 $130,853.96, which is comprised of: (1) $130,044.55, for damages, and (2) $809.41, 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, Plaintiff has properly complied with all the substantive and procedural requirements for a default judgment.  Substantively, Plaintiff declares via declaration that there have been damages in the amount of $130,853.96, which includes (1) back rent due of $111,648.31 and (2) the difference in Defendants’ rent and the new tenant’s rent of $18,396.24.  A memorandum of costs in the amount of $809.41 is set forth in Item 7 of the CIV-100 form.  The evidence (including the accounting statement) is authenticated by declaration.  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 the fictitious defendants, requested damages in amounts supported by the filings and not in excess of the amount stated in the Complaint, 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 JGR Mar Vista’s Request for Default Judgment is GRANTED as to Defendants Tropez Marcel Aubour dba Atmosphere Café and Ouizman LLC.  Default judgment in the amount of $130,853.96 is awarded in favor of Plaintiff.