Judge: Peter A. Hernandez, Case: 22PSCV00414, Date: 2023-03-08 Tentative Ruling

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Case Number: 22PSCV00414    Hearing Date: March 8, 2023    Dept: O

Plaintiff Art Weiss, Inc.’s Application for Default Judgment is DENIED without prejudice.

Background   

This is an unlawful detainer action involving the commercial property located at 2127 Edwards Avenue, South El Monte, CA 91733 (“subject property”).

On April 27, 2022, Plaintiff Art Weiss, Inc. (“Plaintiff”) filed a complaint for Unlawful Detainer against Defendant Food Max Group, Inc. (“Defendant”) and Does I-III.

On June 8, 2022, Defendant’s default was entered; that day, a clerk’s default judgment for possession only was filed.

An Order to Show Cause Re: Default Judgment is set for March 8, 2022.

Discussion

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

Paragraph 4(b) of the “Declaration for Default Judgment by Court” submitted by Plaintiff’s officer Matthew A. Sawyer indicates that the original agreement is attached thereto. Paragraph 6(d) of said declaration, moreover, indicates that a “10 Business Day Notice to Perform Covenants or Quit” is attached thereto. Finally, Paragraph 8(b) of said declaration indicates that a proof of service of notice is attached thereto. There are no exhibits, however, attached to the aforesaid declaration.