Judge: Michelle C. Kim, Case: 23STCV20703, Date: 2024-09-20 Tentative Ruling
Case Number: 23STCV20703 Hearing Date: September 20, 2024 Dept: 78
DEPT:
| 78 |
OSC DATE:
| 09/20/2024 |
CASE NAME/NUMBER:
| 23STCV20703 WM SUNSET & VINE LLC vs CAELIA CAMPBELL, et al. |
REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]:
| CAELIA CAMPBELL & DARSHAWN GAILLARD |
TENTATIVE RULING:
| GRANT in the following amounts: Principal damages: $7,708.00 Attorney’s fees: $582.48 Costs: $719.00 TOTAL: $9,009.48 |
TENTATIVE
Plaintiff WM Sunset & Vine LLC (“Plaintiff”) filed this unlawful detainer action against defendants Caelia Campbell, Darshawn Gaillard, and Does 1 to 5. Plaintiff alleges it is the owner of the residential property located at 155 Vine Street, #510S, Los Angeles, CA 90028 in which defendants Caelia Campbell and Darshawn Gaillard (collectively, “Defendants”) agreed to rent the premises on a 13-month lease at the monthly rent of $3,420 per month. Defendants have been served with a 3-day notice to pay rent or quit. The complaint prays for past-due rent of $3,420, reasonable attorney fees, forfeiture of the agreement, and damages at the daily rate of $114.00 per day starting from September 1, 2023.
Entry of default was obtained against Defendants on September 21, 2023.¿¿All unnamed Doe defendants have been dismissed.
¿
On default judgment, Plaintiff seeks (1) $3,420 for past-due rent for the rental period from August 1, 2023 through August 31, 2023, (2) $4,788.00 in holdover damages for 42 days at a rate of $114.00 per day for Defendants’ retention of the property from September 1, 2023 to the date Defendants vacated the premises on October 12, 2023, (3) $582.48 in attorney fees, and (4) $719.00 in costs. Plaintiff has accounted for and acknowledged a $500.00 credit for security deposit by deducting this from the total amount sought.
In support thereof, Plaintiff provides the declaration of its property manager Jessica Davis, with exhibits attached. The lease agreement provides for attorney fees and costs following enforcement of the terms of the lease. (Davis Decl. ¶ 11; Exh. 1: sunset+vine Lease Agreement ¶23.) The Court finds that Plaintiff has demonstrated sufficient evidence for the principal damages sought, and the requested amount in attorney fees is within the amount allowed pursuant to Los Angeles Superior Court, Local Rule 3.214. The costs sought for clerk’s filing fees, process server’s fees, and sheriff writ are expressly allowable pursuant to CCP § 1033.5.
The application for default judgment submitted on October 20, 2023 is therefore GRANTED.