Judge: Michael Shultz, Case: 24STCV06858, Date: 2025-05-20 Tentative Ruling

Case Number: 24STCV06858    Hearing Date: May 20, 2025    Dept: 40

24STCV06858 Metroplex, LLC v. Devil & Angel, Inc.

Tuesday, May 20, 2025

[TENTATIVE] ORDER DENYING REQUEST FOR COURT JUDGMENT AND DISMISSING CASE

       This unlawful detainer action arises from the alleged breach of a written commercial lease agreement. Plaintiff alleges Defendant failed to pay rent totaling $53,606.88 plus reasonable rental value of $297.81 per day. Plaintiff served a three-day notice to pay rent or quit on March 8, 2024. The clerk entered Defendant’s default on April 22, 2024. All DOE defendants have been dismissed.

       The court continued this matter from March 3, 2025, for Plaintiff to substantiate damages with documentary evidence and to provide a declaration asserting foundational facts necessary to support a business records exception to the hearsay rule. (Evid. Code, §1271, [requiring facts to establish that the writing was made in the regular course of business, at or near the time of the act, by a custodian or other qualified witness testifying to its identity and mode of preparation and indicate its trustworthiness.].)

       Plaintiff was given an opportunity to cure the defect identified by the Court on March 3, 2025, and Plaintiff failed.  While Plaintiff submitted evidence proving damage, Plaintiff submitted the same declaration without complying with Evidence Code § 1271.

       Accordingly, the court DENIES Plaintiff’s request for a default judgment. Having submitted incompetent evidence on two occasions and being unable to cure the defect, the Court dismisses the action. 

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