Judge: Kevin C. Brazile, Case: 23STCV27970, Date: 2024-02-13 Tentative Ruling

Hearing Date: February 13, 2024

Case Name: Oakwood Development LP v. Rivera, et al.

Case No.: 23STCV08086

Matter: Non-Appearance Case Review Re: Default Judgment

Ruling: The Default Judgment Application is denied without prejudice. 

Plaintiff to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

Plaintiff Oakwood Development LP seeks default judgment against Defendant Brian Rivera.

The Default Judgment Application is denied without prejudice because:

1. Plaintiff seeks $108.33 in daily rent through December 27, 2023, and the date of entry of judgment, but the premises were apparently re-rented in July 2023 such that it is not apparent why Plaintiff is entitled to such daily rent;

2. Plaintiff requests $26,873 in attorneys’ fees, but the subject lease indicates that in any action to enforce the lease “the parties agree that the reasonable attorney's fees to be awarded shall be $500.00 to the prevailing party in any action or proceeding”; and

3. the proposed judgment is not totally filled out.

Plaintiff to give notice.