Judge: Lynette Gridiron Winston, Case: 22PSCV00314, Date: 2023-09-26 Tentative Ruling

Case Number: 22PSCV00314    Hearing Date: November 16, 2023    Dept: 6

Plaintiff Puente Hills Business Center II, L.P’s Request for Entry of Default Judgment

Defendant: Shujan Zhang 

TENTATIVE RULING

The request for entry of default judgment is GRANTED. Plaintiff to submit a Proposed Judgment with the correct amounts as set forth herein. 

BACKGROUND 

Plaintiff Puente Hills Business Center II, L.P. (Plaintiff) entered into a commercial lease agreement with Defendant Shujan Zhang (Defendant) for certain real property located at 17800 Castleton Street, Suite 445, City of Industry, California, 91748 (the Property). In February 2022, Defendant abandoned the Property and defaulted under the lease agreement. 

On March 30, 2022, Plaintiff filed this action against Defendant and Does 1 to 10, alleging causes of action for breach of the written lease agreement and common counts. On May 5, 2022, default was entered against Defendant, but the parties later stipulated to setting aside the default. On May 3, 2023, after a series of failed court appearances by Defendant, the Court struck Defendant’s answer to the complaint. Plaintiff obtained entry of default against Defendant on the same day, and later filed a request for entry of default judgment on June 19, 2023. The Court denied the request for entry of default judgment without prejudice. On October 27, 2023, Plaintiff submitted another request for entry of default judgment.

LEGAL STANDARD

Code of Civil Procedure section 585 permits entry of a default judgment after a party has failed to timely respond or appear. (Code Civ. Proc., § 585.) A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (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 proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys’ fees if allowed by statute or by the agreement of the parties. (Cal. Rules of Court, rule 3.1800.) 

ANALYSIS

Plaintiff seeks default judgment against Defendant in the total amount of $54,903.86, including $52,448.74 in damages, $1,938.97 in attorney’s fees, and $516.15 in costs. However, the Court finds that the principal damages set forth in the spreadsheet attached as Exhibit B to the Declaration of Cherie Igo amounts to $52,448.73 ($95,056.87 + $147.86 + $2,250.00 - $45,006.00). (See Igo Decl., ¶ 5, Ex. B.) Therefore, the Court GRANTS the request for entry of default judgment in the principal amount of $52,448.73, plus attorney’s fees of $1,938.97, and costs of $516.15, for a total judgment of $54,903.85. 

CONCLUSION 

The request for entry of default judgment is GRANTED. Plaintiff to submit a Proposed Judgment with the correct amounts as set forth herein.