PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Soto Capital LP  

RESPONDING PARTY: Marqui Besneatte and John Doria 

BACKGROUND 

This case arises from a landlord-tenant dispute.  Plaintiff Soto Capital LP is the owner of the commercial building located at 8543 Santa Monica Boulevard, West Hollywood, California 90069 (the “Building”).  Plaintiff entered into a commercial lease (the “Lease”) with Defendant Marqui Besneatte to rent Suite #12 at the Building (the “Premises”).  As inducement to Plaintiff entering into the Lease, Defendant John Doria signed a Guaranty of Lease.   

On October 24, 2023, Plaintiff served Besneatte with a notice of the expiration of the Lease in which Plaintiff notified Besneatte that the term of the Lease would be ending on November 30, 2023, and Besneatte would need to vacate the Premises by November 30, 2023.  Besneatte did not vacate the Premises and failed to pay rent due for the months of October and November 2023.   

Plaintiff served Besneatte and all unknown occupants of the Premises with a Three-Day Notice to Pay or Quit, which estimated the unpaid rent owed at that time as being $12,096.00.  Besneatte did not timely pay the unpaid rent within three days.   

On January 3, 2024, Plaintiff filed its complaint for unlawful detainer against Besneatte in the Los Angeles Superior Court (the “UD Action”).  Besneatte moved to quash service of summons, which the Court denied.  Besneatte then filed a petition for writ of mandate seeking to appeal the denial of her motion to quash, which was also denied.   

Besneatte then filed a demurrer to the UD complaint which was denied by the Court, and she was ordered to file an answer.  Besneatte did not file an answer, and Plaintiff filed a request for entry of default judgment which was entered by the Court.  Judgment for possession issued on May 14, 2024, and a writ of possession was issued on May 24, 2024.   

Then on June 26, 2024, Besneatte moved the Court to set aside the default entered in the UD action, which was denied.  Besneatte remained in possession of the Premises through July 24, 2024, at which time she was evicted from the Premises by the Los Angeles County Sheriff’s Department.   

On August 4, 2024, Plaintiff filed this action for breach of Lease and breach of Guaranty to recover unpaid rent, holdover damages and attorneys’ fees and costs incurred in both lawsuits.  Pursuant to Paragraph 26 of the Lease, Besneatte is liable to Plaintiff for holdover rent for the period of time Besneatte remained in possession of the Premises which totals $60,165.68.  

Pursuant to Paragraph 13.4 of the Lease, Plaintiff is entitled to late charges on these sums at the rate of 10% of each sum that is overdue which totals $6,016.57.  Taking into account Besneatte’s security deposit of $5,500, the total amount of unpaid rent and holdover damages is $60,682.25.  Pursuant to Paragraph 13.5 of the Lease, Plaintiff is also entitled to interest on this amount at the rate of 10% per annum which totals $3,475.67, for a total amount of $64,157.92.     

Pursuant to the terms of the Lease and the Guaranty, Plaintiff is entitled to an award of all of the attorneys’ fees and costs incurred in both the UD Action and this action.  Plaintiff incurred $22,134.00 in attorneys’ fees and $2,563.15 in costs in both this action and the prior UD Action.   

Plaintiff served Besneatte by personal service on September 7, 2024 and Doria by substituted service on September 7, 2024.  Defendants were obligated to respond but failed to do so.  Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on October 17, 2024 and November 19, 2024.  Plaintiff requested a default judgment on February 20, 2025.  Plaintiff served Defendants by mail with both the Request for Entry of Default and the Request for Default Judgment.   

RELIEF REQUESTED 

Default judgment against Defendants for a total of $88,855.07, which is comprised of: (1) $60,682.25 in damages, (2) $3,475.67 in interest, (3) $2,563.15 in costs, and (4) $22,134 in attorneys’ fees.   

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 there have been damages in the amount of $60,682.25 in unpaid rent and late charges, and interest at the rate of 10% per annum in the amount of $3,475.67, totaling $64,157.92.  (Soroudi Decl., ¶¶ 18-29.)  The evidence submitted (the Lease, the Guaranty and the billing records) is authenticated by declarations.  Plaintiff has submitted the declaration of its counsel as to the amount of attorneys’ fees and costs it incurred.  (Ex. E to Topp Decl.)  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 damages in amounts supported by the filings and not in excess of the amount stated in the Complaint, requested dismissal of doe defendants and filed a proposed judgment (JUD-100).  As default has already been entered and there has been no appearance by Defendants, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff’s Request for Default Judgment is GRANTED as to Defendants.  Judgment in the amount of $88,855.07, is awarded in favor of Plaintiff.