Judge: Peter A. Hernandez, Case: 22PSCV00341, Date: 2022-11-17 Tentative Ruling

Case Number: 22PSCV00341    Hearing Date: November 17, 2022    Dept: O

Plaintiff Puente Hills Business Center II, L.P.’s Application for Default Judgment is DENIED without prejudice.

Background   

This is an unlawful detainer action involving the commercial premises located at 17800 Castleton Street, Suites 303 and 306, City of Industry, CA 91748.

On April 6, 2022, Plaintiff Puente Hills Business Center II, L.P. (“Plaintiff”) filed a complaint, asserting a cause of action against Phoetech Group, Inc. (“Phoetech”), Zi Fa Lin aka Zifa Lin (“Lin”) and Does 1-10 for:

1.                  Unlawful Detainer

On April 26, 2022, Phoetech’s and Lin’s defaults were entered; that day, a clerk’s default judgment for possession only was filed. On April 29, 2022, a writ of possession of real property was issued.

An Order to Show Cause Re: Default Judgment.

Discussion

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

Property Manager Cherie Igo (“Igo”) represents that “Defendant’s security deposit will be applied in accordance with the Lease and California law once Plaintiff has a chance to fully inspect the Premises for damage beyond ordinary wear and tear.” (Igo Decl., ¶ 6.) Igo previously represents that Defendants were evicted from the subject property on June 2, 2022. Igo is to provide an amended declaration addressing the disposition of the $15,777.00 security deposit referenced in ¶ 6 of the lease.