Judge: Lynette Gridiron Winston, Case: 24PSCV00853, Date: 2024-10-18 Tentative Ruling
Case Number: 24PSCV00853 Hearing Date: October 18, 2024 Dept: 6
Plaintiff Cadet Partners LP’s Request for Entry of Default Judgment
Defendant: Kan Hu
TENTATIVE RULING
Plaintiff’s request for entry of default judgment is GRANTED in the reduced amount of $168,131.14. The Court will modify and sign the proposed judgment or Plaintiff can submit a new proposed judgment prior to the hearing on October 18, 2024.
BACKGROUND
This is an unlawful detainer action. On March 18, 2024, plaintiff Cadet Partners LP, a CA. Limited Partnership (Plaintiff) filed this action against defendant Kan Hu (Defendant) and Does 1 through 10, alleging the sole cause of action for unlawful detainer. On April 25, 2024, default was entered. On April 30, 2024, judgment for possession was awarded by the clerk. On October 2, 2024, Plaintiff submitted a default judgment package.
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) declaration of nonmilitary status; (6) a proposed form of judgment; (7) 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; (8) exhibits as necessary; and (9) 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 Defendants in the total amount of $175,041.07, including $132,464.25 in past-due rent, $31,839.60 in holdover damages, $9,948.23 in attorney fees, and $788.09 in costs. The Court finds Plaintiff’s default judgment package is largely in order, but notes that the holdover damages is slightly excessive. The number of days between April 1, 2024, and June 4, 2024, is 64 days, not 65 as Plaintiff has calculated. (Raguindin Decl., ¶ 12, subd. (c).) The correct amount in holdover damages is therefore $31,349.76. The Court also notes that Plaintiff did not submit a declaration or itemized statement to substantiate the amount of attorney fees requested. (Local Rule, 3.214, subd. (d).) As such, the Court will reduce the attorney fee award to $3,528.14, i.e., $638.14 plus $2,890.00. The $638.14 is derived from 1% of $63,814.01, which is comprised of $132,464.25 in past-due rent plus $31,349.76 in holdover damages, less $100,000.00. (Local Rule, 3.214.) The Court will therefore GRANT Plaintiff’s request in the reduced amount of $168,131.14, i.e., $132,464.25 + $31,349.76 + $3,528.14 + $788.99.
CONCLUSION