PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Marilene Wang  

RESPONDING PARTY: Blue Orion, LLC 

BACKGROUND 

This is an unlawful detainer action.  Plaintiff Marilene Wang owns the property located at 1052 N Kenter Avenue, Los Angeles, CA (the “Property”).  Plaintiff leased the Property to Defendant Blue Orion, LLC (the “Lease”).  Defendant Ismael Ashraf (“Guarantor”) signed the Lease on behalf of Blue Orion, LLC (“Tenant”).   

Tenant failed to pay rent.  Plaintiff issued a 3 day notice to pay rent or quit to Tenant.  Tenant did not pay past due rent and failed to vacate the Property.   

On February 21, 2024, Plaintiff filed an unlawful detainer complaint.  The Complaint sought possession of the Property, past-due rent of $25,201.80; reasonable attorney fees; forfeiture of the Lease, and statutory damages up to $600 for the conduct.  On December 29, 2024, Tenant vacated the Property and therefore, possession is no longer at issue.           

Plaintiff served Tenant by substitute service on March 8, 2024 and Guarantor by substitute service on March 9, 2024.  Tenant filed an answer which was stricken by the Court on October 28, 2024 because Tenant failed to comply with the Court’s orders.  Guarantor filed an ex parte application to vacate default but the Court denied the application because there were no exigent circumstances.  Following this order, Defendants did not file a motion to vacate default.   

Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on August 23, 2024 and October 28, 2024.  Plaintiff requested a default judgment on January 20, 2025.  Plaintiff served Defendants by mail with both the Request for Entry of Default and Request for Default Judgment.   

RELIEF REQUESTED 

Default judgment against Defendants for a total of $170,705.56, which is comprised of: (1) $25,201.80 for past due rent, (2) $99,114.58 for past due rent, (3) $43,720, for attorneys’ fees, and (4) $2,669.18, 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 $124,316.38.  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 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.  As default has already been entered, 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 $170,705.56, is awarded in favor of Plaintiff.