Judge: Michael E. Whitaker, Case: 24SMCV01945, Date: 2025-03-26 Tentative Ruling

Case Number: 24SMCV01945    Hearing Date: March 26, 2025    Dept: 207

TENTATIVE RULING

Plaintiff Pamela Enterprises Inc. (“Plaintiff”) requests default judgment against Defendants D Torah and Education Center, and Moshe J. Hafuta (“Defendants”) in the amount of $60,865.90, representing $60,000 in holdover damages and $865.90 in costs. 

A.    Damages

            Plaintiff filed the verified complaint for unlawful detainer on April 23, 2024.  Default was entered against Defendant D Torah and Education Center on May 20, 2024 and against Defendant Hafuta on May 23, 2024.  Judgment for possession only was entered on October 2, 2024. 

            In support of the request, Plaintiff provides the Declaration of Henry Nehorai, managing member of Plaintiff Pamela Enterprises Inc., which indicates that the monthly rental was $5,000 as of January 1, 2023, and that Defendants were personally served with a 60-day notice to quit on December 13, 2023, which expired on February 29, 2024, yet Defendants continued to occupy the property from March 1, 2024 until March 4, 2025, resulting in holdover damages in the amount of $166.66 per day times 368 days from March 1, 2024 until March 4, 2025, which equals $61,330.88 in holdover damages.  (See UD-116.)

            Therefore, the Court finds that Plaintiff is entitled to the requested $60,000 in holdover damages.

B.    Costs

            Plaintiff also requests $865.960 in costs, which includes the filing fee (UD-116 at ¶ 14), but Plaintiff does not specify what the requested costs compose (e.g., filing fees, process server fees, etc.)  Thus, the Court cannot evaluate whether the costs requested are recoverable under the statute. 

CONCLUSION

            Plaintiff has only shown entitlement to holdover damages in the amount of $60,000, but not the requested costs.  Unless Plaintiff waives costs, the Court continues the hearing to April 29, 2025 at 8:30 A.M. in Department 207 to permit Plaintiff to file a supplemental declaration in support of the requested costs.   Plaintiff shall file the supplemental declaration on or before April 18, 2025. 

DATED:  March 26, 2025                             ________________________________

                                                                        Michael E. Whitaker

                                                                        Judge of the Superior Court