Judge: Peter A. Hernandez, Case: 21PSCV00961, Date: 2022-08-17 Tentative Ruling

Case Number: 21PSCV00961    Hearing Date: August 17, 2022    Dept: O

Plaintiff L.A. web, Inc.’s Application for Default Judgment is DENIED without prejudice.

 

Background   

 

Plaintiff L.A. web, Inc. (“Plaintiff”) alleges as follows:

 

On or about January 1, 2013, Plaintiff, as landlord, and LA Media Link Group, Inc.  (“Defendant”), as tenant, entered into a written agreement. On or about February 15, 2014, Defendant breached the agreement by failing to pay the printing and delivery newspaper fee. Defendant also breached the agreement by failing to pay rents since June 30, 2019 and by failing to repay money borrowed from Plaintiff on February 21, 2017.

 

On November 22, 2021, Plaintiff filed a complaint, asserting a cause of action against Defendant for:

 

  1. Breach of Contract

 

On February 22, 2022, Defendant’s default was entered.

 

An Order to Show Cause Re: Entry of Judgment is set for August 17, 2022.

 

Discussion

 

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

 

  1. Plaintiff is a corporation, not an individual; as such, a declaration may not be made by Plaintiff. The individual responsible for executing the declaration dated April 21, 2022 must identify him/herself as well as his/her title/position and state whether or not he/she is authorized by Plaintiff to provide a declaration on Plaintiff’s behalf in this action.

  2. Plaintiff’s complaint alleges that Defendant breached the parties’ contract “[o]n or about February 15, 2014” by failing to “pa[y] the printing and delivery newspaper fee” and on February 21, 2017 by failing to “repa[y] the money borrowed from Plaintiff.” Plaintiff must explain to the court why these claims would not be time-barred.

  3. Additionally, Plaintiff has not identified where in the agreement the “printing and delivery newspaper fee” and the “money borrowed” are located. The agreements attached to the declaration submitted are all entitled “Commercial Lease Agreement;” the first agreement indicates that it was entered into on January 1, 2013, the second agreement indicates that it was entered into on January 1, 2019 and the third agreement indicates that it was entered into on January 1, 2021. The foregoing agreements appear to pertain to the rental of a portion of the building located at 9645 Telstar Ave., El Monte, CA 91731 only. Plaintiff’s complaint is comprised of one cause of action, for Breach of Contract.

  4. It is unclear to the court how the demand of complaint was calculated.

  5. Plaintiff has not identified a basis for attorney’s fees.