Judge: Michael Shultz, Case: 24CMCV00508, Date: 2024-08-27 Tentative Ruling
Case Number: 24CMCV00508 Hearing Date: August 27, 2024 Dept: A
Tuesday, August 27, 2024
[TENTATIVE] ORDER CONTINUING HEARING
ON DEFAULT JUDGMENT
I.
BACKGROUND
This
action arises from Defendant’s alleged breach of a written lease agreement for
four different parcels of residential real property. Plaintiff alleges $288,804
in damages for Defendant’s alleged failure to pay rent. The clerk entered
defendant against Defendant, LA SupportiveHousing, LLC on June 16, 2024.
Plaintiff does not allege sufficient
facts to support the foundation or authenticity of the business records
submitted. The complaint alleges principal damages of $288,804.00. (Complaint 4:18-19.)
However, Plaintiff’s “Damage History Note” shows principal damages for unpaid
rent and repairs totaling $281,221.00. (Ex. 2, .pdf 16.)
Plaintiff requests expenses for repair
and cleaning totaling $55,183 (Baek decl., ¶ 19). However, the sum of all
invoices is $46,483.00 (Baek Decl., Ex. 3.)
|
Invoice
2007 |
11164
repair/replace and repair |
9940 |
|
2/17/23 |
11164
½ repair/replace |
9750 |
|
4/2/23 |
11166 repair/replace |
9300 |
|
12/5/22 |
11166
½ repaint |
10,000 |
|
2/16/23 |
11164 ½ rekey |
165 |
|
2/28/23 |
11164 ½ install refrigerator/Stove |
750 |
|
2/16/23 |
11164 ½ security |
1200 |
|
12/30/22 |
11164 security for 26 days |
2500 |
|
5/12/22 |
Security |
2600 |
|
3/22/23 |
11166
& 11166 ½ new keys and locks |
278 |
|
|
TOTAL |
46,483 |
Additionally, Invoice # 2007 was
submitted twice. While Plaintiff mentions recovery of attorney fees, there is
no discussion of the basis for its calculation, nor is it separately accounted
for in the proposed judgment (Baek decl., ¶ 21.) Costs of $635 are established.
Plaintiff
collected $10,000 for a security deposit. (Lease, Ex. 1, ¶ 4.A.) The landlord
may recover reasonably necessary amounts to “remedy tenant defaults in the
payment of rent, to repair damages to the premises caused by the tenant, or to
clean the premises upon termination of the tenancy, if the payment or deposit
is made for any or all of those specific purposes." (Civ. Code, § 1950.5; (a); Civ. Code, § 1950.7(c).) Declarant Baek does not account
for the security deposit and whether it was applied to the back rent, cleaning,
or repairs.
Accordingly,
the hearing on Plaintiff’s request for court judgment is continued for
Plaintiff to submit a supplemental declaration supporting the submission of the
business records, a calculation of damages supported by invoices and receipts,
allocation of the security deposit, evidence to support principal damages and a
re-calculation of principal damages, for back rent damages for repairs/cleaning.
If attorney’s fees were sought, Plaintiff is ordered to explain the basis for
such fees, its calculation, and apply it separately in the proposed judgment
where indicated.
The
hearing is continued to