PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: 8900 Beverly Blvd, LLC  

RESPONDING PARTY: Interlude of California, LLC 

BACKGROUND 

This is a breach of lease case.  Plaintiff 8900 Beverly Blvd, LLC owns commercial space located at 8900 Beverly Blvd, West Hollywood California 90048.  Plaintiff leased Unit 106 to Defendant Interlude of California, LLC (the “Lease”), which operates a wholesale and retail furniture store.    

Under the terms of the Lease, Defendant is required to pay monthly basic rent plus a 10% late fee on any basic rent not timely paid.  The Lease was subsequently amended to begin on July 1, 2020 and end on February 28, 2026.   

Defendant moved into the unit, but had problems paying rent, and ultimately abandoned the premises.  Immediately upon obtaining possession of the unit, Plaintiff began actively marketing the unit and was able to secure a replacement tenant, with the lease period beginning on March 15, 2024.   

Plaintiff held a security deposit of $48,943.55.  When Defendant stopped paying rent, Plaintiff applied the security deposit to the oldest outstanding amounts.  After applying the security deposit, Plaintiff claims damages in the amount of $137,522.02: (1) $110,632.60 in unpaid basic rent; (2) $14,387.42 for operating cost rent, and (3) $12,502 in late charges.   

Article 30(b) of the Lease also calls for payment of court costs and attorneys’ fees in the event of litigation.  Pursuant to Los Angeles Superior Court Rules 3.207(a) and 3.214(a), Plaintiff requests attorneys’ fees in the sum of $3,265.22 and court costs of $556.25.  

On February 6, 2024, Plaintiff filed a complaint alleging claims for breach of a commercial lease and common counts.  The Complaint estimated damages at $1,243,081.10, and also sought attorneys’ fees and costs.         

Plaintiff served Defendant by personal service on February 13, 2024.  Defendant was obligated to respond within 30 days.  Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on March 25, 2024.  Plaintiff requested a default judgment on November 27, 2024.  Plaintiff served Defendant by mail with both the Request for Entry of Default and Request for Default Judgment.   

RELIEF REQUESTED 

Default judgment against Defendant for a total of $141,343.49, which is comprised of: (1) $137,522.02, for damages, (2) $3,265.22, for attorneys’ fees, and (3) $556.25, 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 there have been damages in the amount of $137,522.02.  (Trueblood Decl., paragraph 10.)  The evidence submitted (the lease agreement, lease amendment and replacement lease) is authenticated by declaration.  The Lease entitles Plaintiff to the recovery of fees and costs in the event of litigation, and Plaintiff has submitted a declaration supporting the amount of fees and costs it is seeking.  The costs are also 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 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 Defendant, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff’s Request for Default Judgment is GRANTED as to Defendant.  Judgment in the amount of $141,343.49, is awarded in favor of Plaintiff.