Judge: Peter A. Hernandez, Case: 21PSCV00651, Date: 2023-01-17 Tentative Ruling

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Case Number: 21PSCV00651    Hearing Date: January 17, 2023    Dept: O

Plaintiff Bing Liu’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Bing Liu (“Plaintiff”) alleges as follows:

Plaintiff is the owner of the property located at 1312 N. MacNeil Drive, Azusa, CA 91702 (“Premises”). On or about August 1, 2020, Plaintiff rented the Premises to Ming Qing Ma (“Ma”) and Fang C. Liu (“F. Liu”) for a one-year period (i.e., from August 1, 2020-July 31, 2021). Ma and F. Liu thereafter took possession of the Premises for the expressed purpose of residential occupancy but instead began operating an illegal and unpermitted “grow house” for marijuana cultivation. Ma and F. Liu also made various unpermitted and illegal alterations to the Premises. On January 29, 2021, Ma and F. Liu surrendered the Premises.

On August 10, 2021, Plaintiff filed a complaint, asserting a cause of action against Ma, F. Liu and Does 1-10 for:

1.                  Breach of Lease

On December 21, 2021, Ma’s and F. Liu’s defaults were entered.

An Order to Show Cause Re: Default Judgment is set for January 17, 2023.

Discussion

Plaintiff’s Application for Default Judgment is denied without prejudice. The following defects are noted:

Plaintiff seeks $36,858.86 for “Repairs, permits, etc.,” as well as $2,000.00 for the replacement of a refrigerator. Exhibit 1 to the Supplemental Declaration of Crystal Lui provides a “Grow House Corrections Repair Costs Breakdown” and some supporting receipts. It is unclear what charges Pages 1-3 and 1-4 from the City of Azusa correspond to on the breakdown sheet. At a minimum, it appears that Plaintiff has not provided supporting documentation for charges from Andy Thong, Resound Properties, Raul Garcia Gardening Services and Yueqiang Tan. There is also a receipt dated May 3, 2021 from Costco in the amount of $582.99, but it is unclear to the court what charges on said receipt, if any, correspond to those listed on the breakdown sheet. No receipt has been provided for the refrigerator. The court is not inclined to award monies to Plaintiff for charges that are not supported by receipts.