Judge: Jon R. Takasugi, Case: 22STCV16242, Date: 2022-11-07 Tentative Ruling

Case Number: 22STCV16242    Hearing Date: November 7, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

DEFAULT JUDGMENT

After review of Plaintiff’s default judgment packet, the Court has identified the following deficiency:

-         In a packet filed in Sept. 2022, Plaintiff sought: (ii) possession; (iii) unpaid rents up to April 2022 in the amount of $17,500; (iv) rents from May 2022 through May 2023, pursuant to Civil Code section 1951.3 as provided in section 21.2 of the Lease, in the amount of $42,000; and (v) Plaintiff’s cost in the amount of $710.56. A total of monetary request in the sum of $60.210.56.

Now, Plaintiff’s judgment seeks $42,350.00 in past-due rent, but no penalties. Confusingly, the accompanying packet estimates the amount owed as $43,060.56, not $42,250. 

While the Court understands that the $17,500 was the amount owed in April 2022, and the $42,350 represents the amount owed in October 2022, Plaintiff must set forth authority showing that it may now seek rent for the amount of $42,350.00, despite that the unlawful detainer notice and complaint only sought $17,500.00.

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