Judge: Joseph Lipner, Case: 24STCV06837, Date: 2025-03-05 Tentative Ruling

Case Number: 24STCV06837    Hearing Date: March 5, 2025    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Plaintiff Circa 1200, LLC (“Plaintiff”) seeks default judgment against Defendant Chantel Arabie (“Defendant”).

Plaintiff requests:

(1) money judgment in the amount of $104,818.45, consisting of:

(a) damages in the amount of $82,541.98;

(b) interest in the amount of $21,076.47;

(c) costs in the amount of $815.00;

(d) attorney’s fees in the amount of $385.00;

The Court GRANTS Plaintiff’s request for default judgment.

Background

This is a landlord-tenant case.

On August 18, 2020, Plaintiff and Defendant entered a lease agreement (the “Lease”) whereby Plaintiff rented the real property located at 1200 S. Figueroa St., # W1516, Los Angeles, California 90015 (the “Property”) from Defendant. (Complaint at p. 3.)

Defendant subsequently fell behind on rent payments and eventually stopped making payments entirely. Defendant was evicted and allegedly moved out on June 2, 2022. (Complaint at p. 3; Garner Decl. ¶ 2.)

Plaintiff filed this action on March 19, 2024, raising claims for (1) breach of contract; and (2) common counts.

On September 18, 2024, the Court issued an order for service by publication.

On October 18, 2024, Plaintiff filed a proof of publication.

Default was entered against Defendant on November 27, 2024.

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 that are 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

            On September 18, 2024, the Court issued an order for service by publication.

On October 18, 2024, Plaintiff filed a proof of publication.

Dismissal of Other Parties

The Doe defendants were dismissed from the action on August 7, 2024, pursuant to Plaintiff’s request.

Non-Military Status

Richard Scott avers to Defendant’s non-military status.

Summary of the Case

Plaintiff provides a brief summary of the case in the Declaration of Kevin Garner. Plaintiff adequately pleads its causes of action in the Complaint.

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.) Moreover, a plaintiff must submit 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.)

Plaintiff seeks $82,541.98 in damages, which it attributes to rental charges, fees, and repairs for damage to the Property. Plaintiff provides a Final Account Statement indicating the amount due. (Garner Decl., ¶ 3, Ex. B.) Plaintiff has adequately evidenced its damages.

Interest

Plaintiff seeks $21,076.47 in interest.

The Complaint requests interest on the unpaid loan amount. (Complaint at p. 2.) Plaintiff seeks interest running from June 2, 2022 – the date of Defendant’s eviction – to December 20, 2024. The unpaid rent and late fees are capable of being made certain because they accrued before the date of eviction. The miscellaneous damages in the Final Account Statement were also made certain by December 2, 2021 because they are all shown to have accrued prior to that date.

The Lease provides for an interest rate of 10 percent per annum. (Garner Decl., Ex. A at p. 6.)

Plaintiff does not provide its interest calculations. The Court has confirmed that the amount requested is accurate.

Memorandum of Costs and Disbursements

Plaintiff includes a memorandum of costs in the submitted Form CIV-100. Richard Scott avers that Plaintiff expended $815.00 in costs.

Attorney’s Fees

            Plaintiff requests $385.00 in attorney’s fees. The Lease provides for attorney’s fees up to a maximum of $1,200.00 in an action to recover rent. (Garner Decl., Ex. A at p. 6.)

This is an action on a contract. Because the judgment is between $50,000.01 and $100,000, the maximum recovery of attorney’s fees is equal to $1,890 plus 2% of the excess over $50,000. (Local Rule 3.214.)

            $385.00 is well within this amount. The Court approves Plaintiff’s attorney’s fees.

Proposed Form of Judgment

            Plaintiff has submitted a proposed form of judgment.

Submission of the Written Agreement

            California Rule of Court 3.1806 states that “unless otherwise ordered” judgment upon a written obligation to pay money 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.