Judge: Jill Feeney, Case: 24STCV04530, Date: 2024-07-08 Tentative Ruling
Case Number: 24STCV04530 Hearing Date: July 8, 2024 Dept: 78
DEPT:
| 78 |
OSC DATE:
| 07/08/2024 |
CASE NAME/NUMBER:
| 24STCV04530 BEVERLY PACIFICA, LLC vs ACTION PARK MEDIA, LLC |
REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]:
| ACTION PARK MEDIA, LLC |
RECOMMENDATION:
| CONDITIONAL GRANT in the following: Principal damages: $110,310.34 Attorney’s fees: $3,000.00 Costs: $520.00 TOTAL: $113,830.34
|
TENTATIVE
Plaintiff Beverly Pacifica, LLC (“Plaintiff”) filed an unlawful detainer action against defendants Action Park Media, LLC (“Defendant”) and Does 1 to 25. Plaintiff alleges it is the owner of the commercial property 800 Beverly Blvd. Suite 200, Los Angeles, CA, in which Defendant agreed to rent the premises on a fixed term 2 year, commencing on August 1, 2021 and ending on July 31, 2023, at the base rent of $11,000 per month. (Compl. Exh. 1). Defendant has been served with a 3-day notice to pay rent or quit. (Id. at Exhs. 2-5)
The complaint prays for past-due rent of $91,392.84, reasonable attorney fees, and the fair rental value of the premises. Entry of default was obtained against Defendant on April 9, 2024.
On default judgment, Plaintiff seeks $91,392.84 for past-due rent, $18,917.50 in holdover damages for 47 days at a rate of $402.50 per day for Defendant’s retention of the property following expiry of the 3-day notice, $3,000 in attorney fees, and $520 in costs for clerk filing fees and process server fees. Plaintiff provides the declaration of its agent Ethan Webster in support of the damages, and the declaration of its counsel for attorney fees allowable by contract.
However, the Court is unable to grant default judgment until Plaintiff properly dismisses all defendants against whom default judgment is not sought, namely Does 1-25. This is required per CRC 3.1800(a)(7). Accordingly, the application for default judgment filed on June 17, 2024 will be granted once Plaintiff dismisses all unnamed Doe defendants in this matter.