Judge: Lynette Gridiron Winston, Case: 24PSCV04502, Date: 2025-06-02 Tentative Ruling
Case Number: 24PSCV04502 Hearing Date: June 2, 2025 Dept: 6
Plaintiff
RIC Properties, LLC’s Request for Entry of Default Judgment
Defendants: Super Blue Trucking, Inc. and Dotloop Logistics Inc.
TENTATIVE RULING
Plaintiff’s request for entry of default judgment is GRANTED in the reduced amount of $350,944.90. The Court directs Plaintiff to submit a revised proposed judgment for the Court’s review and signature, prior to the hearing on June 2, 2025.
BACKGROUND
This is a commercial unlawful detainer action. On December 30, 2024, plaintiff RIC Properties, LLC (Plaintiff) filed this action against defendants Super Blue Trucking, Inc., Dotloop Logistics, Inc. (collectively, Defendants), and Does 1 through 10, alleging one cause of action for unlawful detainer for non-residential premises for non-payment of rent.
On January 27, 2025, the clerk entered default against Defendants. On January 30, 2025, the clerk entered default judgment for possession in favor of Plaintiffs and against Defendants.
On May 27, 2025, Plaintiff requested on entry of default judgment for past-due rent and holdover damages.
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 $351,435.42, including $393,609.99 in damages less $49,052.22 in credit acknowledgments for the security deposit, $5,826.10 in attorney fees, and $1,051.55 in costs. The Court finds everything in order, except that the attorney fees request is overstated because it is based on the initial principal damages amount before deducting the security deposit. The correct amount of attorney fees is therefore $5,335.58. The Court will reduce the judgment accordingly to $350,944.90, comprising $344,557.77 in damages, $1,051.55 in costs, and $5,335.58 in attorney fees.
CONCLUSION