Judge: Michael P. Linfield, Case: 22STCV26376, Date: 2023-04-21 Tentative Ruling

Case Number: 22STCV26376    Hearing Date: April 21, 2023    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.           BACKGROUND

On August 15, 2022, Plaintiffs Marilyn Brunold and John Brunold filed their UD-100, Complaint for Unlawful Detainer against Defendant Colin Zarrilli. Plaintiffs concurrently filed: (1) UD-101, Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations for Unlawful Detainer; and (2) UD-120, Verification by Landlord Regarding Rental Assistance for Unlawful Detainer.

On August 26, 2022, by request of Plaintiffs, the Court issued its Order to Serve Summons by Posting for Unlawful Detainer.

On September 20, 2022, Plaintiffs filed their CIV-100, Request for Entry of Default. That same day, the Clerk’s Office entered default on Defendant.

Also on September 20, 2022, Plaintiffs filed their EJ-130, Writ of Possession of Real Property.

On September 29, 2022, Plaintiffs filed UD-110, Proposed Judgment for Unlawful Detainer.

On November 29, 2022, Plaintiffs filed their Return on Attachment/Execution.

On December 27, 2022, Plaintiffs filed:

(1)       CIV-100, Request for Court Judgment;

(2)       CIV-110, Request for Dismissal;

(3)       UD-110, Proposed Judgment for Unlawful Detainer;

(4)       UD-116, Declaration for Default Judgment by Court for Unlawful Detainer; and

(5)       Declaration of Marilyn Brunold.

On December 27, 2022, the Clerk’s Office dismissed without prejudice the Doe Defendants.

II.        ANALYSIS

The Complaint states the holdover rent started from August 15, 2022 while the request for default judgment states that it started From August 1, 2022. The Court will grant holdover rent from August 15, 2022, as stated in the complaint.

The Court GRANTS Entry of Default Judgement in the amount of $37,906.09 as indicated below: