Judge: Peter A. Hernandez, Case: 21PSCV00298, Date: 2022-08-16 Tentative Ruling
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Case Number: 21PSCV00298 Hearing Date: August 16, 2022 Dept: O
Plaintiff WLM-CCC, LLC’s Application for Default Judgment is DENIED without prejudice.
Background
Plaintiff WLM-CCC, LLC (“Plaintiff”) alleges as follows:
On or about January 14, 2013, Plaintiff, as landlord, and Midas Touch Investments, Inc. (“Midas Touch”), as tenant, entered into a written lease (“Lease”) regarding the property located at 2626 E. Garvey Avenue South Ste. D in West Covina (Premises”); that day, Marc Thanh Hoang (“Hoang”) executed a written guaranty of the Lease. The term of the Lease was 10 years and 7 months, commencing September 1, 2013 and expiring August 31, 2023. Midas Touch failed to pay rent. On or about March 1, 2021, Plaintiff obtained a judgment against Midas Touch for $87,957.60 (the “UD Judgment”). Plaintiff seeks rent due from the date Plaintiff regained possession of the Premises through the end of the Lease Term and other damages.
On April 13, 2021, Plaintiff filed a complaint, asserting causes of action against Midas Touch, Hoang and Does 1-10 for:
Breach of Written Contract
Breach of Written Guaranty
On February 9, 2022, Midas Touch’s and Hoang’s defaults were entered.
An Order to Show Cause Re: Default Judgment is set for August 16, 2022.
Discussion
Plaintiff’s Application for Default Judgment is denied without prejudice. The following defects are noted:
Plaintiff has not addressed the disposition of the $4,500.00 security deposit. (Lease, ¶ 1.7(c).)
Logan is requested to provide the court with the Federal Reserve Bank discount rate referenced in Paragraph 26 of her declaration dated April 12, 2022.