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.