PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Doheny Village Partners, LLC 

RESPONDING PARTY: Hany Abdelmallak dba Green Hills Cleaners  

BACKGROUND 

This is a breach of lease case.  Plaintiff Doheny Village Partners, LLC owns the real property located at 9117 Olympic Blvd, Beverly Hills, California 90212 (the “Premises”).  Plaintiff leased the Premises to Defendant Hany Abdelmallak dba Green Hill Cleaners pursuant to a written lease agreement (the “Lease”).  The Lease was for a term of five years from July 1, 2010 to June 30, 2015.  The parties subsequently extended the term of the Lease for ten years to start on July 1, 2015 and to expire on June 30, 2025.  Under the Lease, Defendant was obligated to pay minimum monthly base rent as well as “additional rent” which includes Defendant’s share of common area expenses and real property taxes. 

On December 1, 2022, Defendant breached the Lease by failing to pay rent.  Plaintiff then filed an unlawful detainer action against Defendant which resulted in Defendant vacating the Premises.  On October 1, 2023, Plaintiff was able to mitigate its damages by re-letting the Premises to Olympic Pharmacy.   

Pursuant to Section 21 of the Lease, in the event Defendant fails to pay rent and/or abandons the Premises prior to expiration of the Lease term, the damages that Plaintiff may recover include the cost of recovering possession of the Premises; expenses of re-letting including real estate commissions and the costs of any necessary renovation and alteration; unpaid rent for the balance of the term less the amount of such rental loss Plaintiff could have reasonably avoided; and interest.  Pursuant to Section 23 of the Lease, the prevailing party is entitled to its attorneys’ fees in any action brought to enforce payment of rent due or to become due.       

On January 12, 2023, Plaintiff filed a Complaint against Defendant.  On August 22, 2023, Plaintiff filed a First Amended Complaint (“FAC”).  The FAC alleges a single claim for breach of the Lease.  The FAC seeks $283,054.28 in damages plus attorneys’ fees and costs.   

Plaintiff filed a proof of service showing Defendant was served with the FAC by mail on August 22, 2023.  Defendant was obligated to respond.  Defendant did not do so. Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on February 14, 2024.  Plaintiff requested a default judgment on May 2, 2024. Plaintiff served Defendant by mail with both the Request for Entry of Default and Request for Default Judgment.  Defendant has not appeared. 

RELIEF REQUESTED 

Default judgment against Defendant for a total of $109,906.11, which is comprised of: (1) $106,052.44, for damages, (2) $2,950.52 for attorneys’ fees, and (2) $903.15, 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 $106,052.44.  Plaintiff also provides via declaration a calculation of the attorneys’ fees sought of $2,950.52.  A memorandum of costs in the amount of $903.15 is set forth in Item 7 of the CIV-100 form.  Procedurally, Plaintiff properly served Defendant 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 Defendant, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Doheny Village Partners, LLC’s Request for Default Judgment is GRANTED as to Defendant Hany Abdelmallak dba Green Hills Cleaners.  Default judgment in the amount of $109,906.11 is awarded in favor of Plaintiff.