Judge: Michael Shultz, Case: 22CMCV00125, Date: 2023-01-17 Tentative Ruling

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If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on. 

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Case Number: 22CMCV00125    Hearing Date: January 17, 2023    Dept: A

22CMCV00125 Sobeida Filippi v. Maribel Vega, et al.

Tuesday, January 17, 2023

[TENTATIVE] ORDER GRANTING JUDGMENT AS REQUESTED IN THE PROPOSED JUDGMENT (MODIFIED FOR REDUCTION IN HOLDOVER DAMAGES)

The complaint filed on May 6, 2022, alleges that Defendants entered into an oral agreement to lease commercial real property on a month-to-month basis for $20,000 later increased to $25,000. Plaintiff served a three-day notice to pay rent or quit for Defendants’ failure to pay two months of rent. Plaintiff seeks forfeiture of the agreement, past due rent of $50,000 and holdover damages at a fair rental value of $833.34 per day. The clerk entered default and a judgment of possession only on June 28, 2022, against Defendants, Maribel Vega, Hugo Leonidas Estrada Torres dba E. Logistics, and a writ was issued.

Plaintiff filed a supplemental declaration showing the terms of the parties’ lease agreement as reflected in the parties’ text messages for a month-to-month tenancy at $20,000 per month starting on 12/1/21. Filippi Supplemental Declaration, Ex. A. Defendants performed on the contract by transferring $10,000 on 12/20/21 and $10,000 on 12/22/21. Id. Defendants paid for the month of January in two installments of $10,000 each on 1/4/21 and 1/12/21. Id..

Plaintiff increased the rent to $25,000, which Defendants accepted as reflected by their two installment payments for $15,000 and $10,000 on 2/15/22 and 2/18/22 respectively. Id. Defendants remained on the property but failed to pay for March and April 2022. Filippi Supplemental declaration, ¶ 6. Accordingly, past due rent for two months is $50,000.00.

The alleged fair rental value is $833.34 per day ($25,000 rent/30 days). Holdover damages are calculated from 4/28/22 (date of complaint) through the date of lockout on 8/18/22, which is 112 days (not 136 as Plaintiff calculated). Therefore, holdover damages total $93,334.08 ($833.34 x 112 days). Accordingly, the court will enter judgment as follows: