Judge: Kevin C. Brazile, Case: 22STCV08879, Date: 2023-02-22 Tentative Ruling

Hearing Date: February 22, 2023

Case Name: Creditors Adjustment Bureau, Inc. v. Alleeance Service Group, Inc., et al.

Case No.: 22STCV08797

Matter: Non-Appearance Case Review Re: Default Judgment 

Tentative Ruling: The Default Judgment Application is continued.

Plaintiff to give notice.

This is a suit relating to breach of a commercial lease.  Plaintiff Creditors Adjustment Bureau, Inc. seeks a default judgment against the Defendants, who were lessees.  

Code of Civil Procedure section 585 permits a default judgment after a defendant’s default has been entered. California Rules of Court, rule 3.1800(a) requires a party seeking default judgment by court judgment to use the mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100) and to file: “(1) Except in unlawful detainer cases, a brief summary of the case identifying the parties and the nature of plaintiff's claim; (2) Declarations or other admissible evidence in support of the judgment requested; (3) Interest computations as necessary; (4) A memorandum of costs and disbursements; (5) A declaration of nonmilitary status for each defendant against whom judgment is sought; (6) A proposed form of judgment; (7) A dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment; (8) Exhibits as necessary; and (9) A request for attorney fees if allowed by statute or by the agreement of the parties.” 

The Application is continued so that Plaintiff can provide a supplemental declaration breaking down and explaining the $39,344.78 in damages requested.  Plaintiff should also present evidence that rent damages were mitigated.

   Plaintiff to give notice.