Judge: Joseph Lipner, Case: 22STCV19716, Date: 2023-12-27 Tentative Ruling

Case Number: 22STCV19716    Hearing Date: December 27, 2023    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Plaintiff Stevan Dweck (“Plaintiff”) requests default judgment against Defendant Sophia Alvarez (“Defendant”).

Plaintiff requests:

(1) money judgment in the amount of $42,061.79, consisting of:

(a) damages in the amount of $39,788.24;

(b) costs in the amount of $689.92;

(c) attorney’s fees in the amount of $1,583.63.

The Court enters the default judgment as requested by Plaintiff. 

Background

This is an unlawful detainer action for payment of rent on a commercial lease.

Plaintiff filed this action on June 15, 2022.

Default was entered against Defendant on August 26, 2022.

Legal Standard

CCP § 585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served.  A party seeking judgment on the default by the Court must file a Form CIV-100 Request for Court Judgment, and:

(1) Proof of service of the complaint and summons;

(2) A dismissal of all parties against whom judgment is not sought (including Doe defendants) or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment (CRC 3.1800(a)(7);

(3) A declaration of non-military status as to the defendant (typically included in Form CIV-100) (CRC 3.1800(a)(5));

(4) A brief summary of the case (CRC 3.1800(a)(1));

(5) Admissible evidence supporting a prima facie case for the damages or other relief requested (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361-362);

(6) Interest computations as necessary (CRC 3.1800(a)(3));

(7) A memorandum of costs and disbursements (typically included in Form CIV-100 (CRC 3.1800(a)(4));

(8) A request for attorney’s fees if allowed by statute or by the agreement of the parties (CRC 3.1800(a)(9)), accompanied by a declaration stating that the fees were calculated in accordance with the fee schedule as per Local Rule 3.214.  Where a request for attorney fees is based on a contractual provision the specific provision must be cited; (Local Rule 3.207); and

(9) A proposed form of judgment (CRC 3.1800(a)(6));

(10) Where an application for default judgment is based upon a written obligation to pay money, the original written agreement should be submitted for cancellation (CRC 3.1806). A trial court may exercise its discretion to accept a copy where the original document was lost or destroyed by ordering the clerk to cancel the copy instead (Kahn v. Lasorda's Dugout, Inc. (2003) 109 Cal.App.4th 1118, 1124);

(11) Where the plaintiff seeks damages for personal injury or wrongful death, they must serve a statement of damages on the defendant in the same manner as a summons (Code Civ. Proc. § 425.11, subd. (c), (d)).

(California Rules of Court rule 3.1800.)

Pursuant to Code Civ. Proc., § 1033.5(a)(1), items are allowable as costs under Section 1032 if they are “filing, motion, and jury fees.”

A party who defaults only admits facts well pleaded in the complaint or cross-complaint.  (Molen v. Friedman (1998) 64 Cal.App.4th 1149, 1153-1154.)  Thus, the complaint must state a claim for the requested relief.

Discussion

Service of the Complaint and Summons

          Plaintiff was served with the Complaint and summons by substitute service on July 27, 2022. The Court denied Plaintiff’s motion to quash service of summons on August 23, 2022.

Dismissal of Other Parties

The Doe defendants were dismissed from the action on April 10, 2023, pursuant to Plaintiff’s request. Daniel Alvarez was similarly dismissed on May 11, 2023.

Non-Military Status

Andrew Johnson avers to Defendant’s non-military status.

Summary of the Case

A summary of the case is not required in an unlawful detainer case. (CRC 3.1800(a)(1).)  This is an unlawful detainer case. 

Evidence of Damages

“Code of Civil Procedure section 580 prohibits the entry of a default judgment in an amount in excess of that demanded in the complaint.”  (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 286.) Moreover, “a statement of damages cannot be relied upon to establish a plaintiff's monetary damages, except in cases of personal injury or wrongful death.” (Ibid.) “In all other cases, when recovering damages in a default judgment, the plaintiff is limited to the damages specified in the complaint.” (Ibid.)

          Andrea Johnson declares that Defendant owes $24,585.75 in past-due rent and $15,202.49 in holdover damages, for a total of $39,788.24. (Johnson Decl. ¶ 15(a).)

Interest

Plaintiff does not seek pre-judgment interest.

Memorandum of Costs and Disbursements

Plaintiff requests $689.92 in costs. Todd A. Brisco avers to the accuracy of this figure.

Attorney’s Fees

          The rental agreement provides for the recovery of attorney’s fees.

Plaintiff requests $1,583.63 in attorney’s fees.

This is an action on a contract. Because the judgment is between $10,000.01 and $500,000, the maximum recovery of attorney’s fees is equal to $690 plus 3% of the excess over $10,000. (Local Rule 3.214.) Thus, the maximum attorney fee award is $1,583.64. Plaintiff’s request is proper.

Proposed Form of Judgment

          Plaintiff submits a proposed form of judgment consistent with the foregoing.

Submission of the Written Agreement

          California Rule of Court 3.1806 states that “unless otherwise ordered” judgment upon a written obligation requires a clerk’s note across the face of the writing that there has been a judgment. Here, Plaintiff has not submitted the original documents. The Court does not discern any practical need for such a clerk’s note on the written obligation in the current case and therefore orders that it need not be included. If this causes any issues for any party or non-party they are authorized to bring the matter to the Court’s attention. 

Statement of Damages

Plaintiff does not need to submit a statement of damages because this is not a personal injury or wrongful death case.