Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

 

BACKGROUND 

This is an unlawful detainer action.  Plaintiff SM 10000 Property LLC (“Landlord”) is the owner and manager of a luxury high rise apartment building at 10000 Santa Monica Boulevard, Los Angeles, California.  (Browne Decl. ¶3.)  Defendant Bryan Demosthenous (“Tenant”) leased Unit 3408 (the “Premises”).  (Id. ¶5.)   

On February 17, 2021, Tenant signed a lease to rent the Premises at a base rent of $12,700 per month, plus $150 technology fee for television and internet services for a total due on the first of each month of $12,850 and for electric utilities to be separately billed each month by Landlord.  (Id. ¶5; Ex. 1 to Browne Decl.)  If Tenant fails to pay rent when due, he is required to pay liquidated damages (late fee) in the amount of $400.  (Id.)   

The lease had a term of 19 months beginning on March 17, 2021 and running through September 30, 2022.  (Id. ¶5.)  At the end of the lease term on September 30, 2022, the rental agreement was to continue on a month to month basis.  (Id.) 

From August 21, 2023, Tenant continued living at the Premises without making any payments for rent or utilities.  (Id. ¶6; Ex. 2 to Browne Decl.)  Tenant owes $55,843 in past due rent and fees.  (Id.) 

This hearing is on Plaintiff’s motion for an order directing issuance of a writ of immediate possession.  Plaintiff argues that pursuant to Code Civ. Proc. §1166, it is entitled to a writ of immediate possession because Tenant resides out of state and Tenant has defaulted on the lease by failing to pay rent and other fees.  No opposition was filed as of the posting of this tentative ruling.   

LEGAL STANDARD 

Code Civ. Proc. §1166a(a) states that upon filing the complaint, a plaintiff may upon motion, “have immediate possession of the premises by a writ of possession … where it appears to the satisfaction of the court, after a hearing on the motion …. that the defendant resides out of state, has departed from the state, cannot, after due diligence be found within the state, or has concealed himself or herself to avoid the service of summons.” 

Additionally, Code Civ. Proc. §1166a(c) states: “The plaintiff shall file an undertaking in a sum that shall be fixed and determined by the judge, to the effect that, if the plaintiff fails to recover judgment against the defendant for the possession of the premises or if the suit is dismissed, the plaintiff will pay to the defendant those damages, not to exceed the amount fixed in the undertaking, as may be sustained by the defendant by reason of that dispossession under the writ of possession[.]”  

 

 

 

DISCUSSION 

Landlord attests that Tenant no longer resides in the State of California.  (Browne Decl. ¶9.)  Tenant provided an address in Monaco.  (Id.)  Accordingly, Landlord meets the requirements of Code Civ. Proc. §1166a(a) which allows for a writ of immediate possession where Tenant resides out of state.   

Moreover, Landlord has shown a reasonable probability of success on its breach of contract claim.  The elements of a breach of contract claim are: (1) the existence of a contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach, and (4) the resulting damages to plaintiff.  (Oasis West Realty LLC v. Goldman (2011) 51 Cal.4th 811, 821.) 

Here, there is a written lease agreement.  (Ex. 1 to Browne Decl.)  Landlord fully performed under the lease by granting possession of the Premises to Defendant.  Tenant breached the lease by failing to make payments under the lease.  (Ex. 2 to Browne Decl.)  Landlord suffered damages as a result of Tenant’s breach in the amount of $55,843.01.  (Id.) 

Finally, Code Civ. Proc. §1166a(c) requires Landlord to file an undertaking.  The Court sets the amount of undertaking at $10,000.   

CONCLUSION 

Based on the foregoing, the Court GRANTS Plaintiff’s motion for writ of immediate possession.  

 

IT IS SO ORDERED. 

 

DATED: December 7, 2023 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court