Judge: Jon R. Takasugi, Case: 23STCV06701, Date: 2023-08-17 Tentative Ruling
Case Number: 23STCV06701 Hearing Date: August 17, 2023 Dept: 17
Superior Court of California
County of Los Angeles
DEPARTMENT 17
DENIAL
OF DEFAULT JUDGMENT
|
1200 MANAGEMENT LLC vs. CHRISTOPHER AVERY DOTY |
Case No.:
23STCV06701 Hearing Dated: August 17, 2023 |
After
review, the Court has identified the following deficiencies with Plaintiff’s
default judgment packet:
-
Plaintiff
must submit documentation corroborating all the costs and expenses claimed.
While Plaintiff submitted a tenant ledger listing these costs, Plaintiff is not
entitled to recover costs for regular wear and tear to the unit. Plaintiff must
submit evidence to show that the unit required repainting based on Plaintiff’s
2 years within the unit (beyond just prepping the unit for re-leasing), and to
show that cleaning services were necessary beyond the regular cleaning that a
landlord typically procures to prepare a unit to be re-leased. Alternatively,
Plaintiff may cite case law or statutory law to show that it is entitled to
recover these costs.
Moreover, Plaintiff charges $930 in “eviction fees,” but
claims that Defendant surrendered the premises. Plaintiff must elaborate this
fee, and explain whether or not eviction proceedings were pursued.
-
The copy of the lease submitted by
Plaintiff is signed by 600 Tower (Plaintiff’s predecessor) but is not signed by
Defendant. Plaintiff must explain whether or not a signed copy of the agreement
exists.
-
Attorney fees must be determined in
accordance with Local Rule 3.214.
Plaintiff is
ordered to refile the default judgment by September 18, 2023.