Judge: Peter A. Hernandez, Case: 22PSCV01387, Date: 2023-11-03 Tentative Ruling

Case Number: 22PSCV01387    Hearing Date: November 3, 2023    Dept: K

Plaintiff SGV, LLC’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff SGV, LLC (“Plaintiff”) alleges as follows:

On May 5, 2021, Plaintiff, as Lessor, and Michael Johnson (“Defendant”), as Lessee, entered into a “Standard Industrial/Commercial Multi-Tenant Lease-Net” (“Lease #1”), wherein Plaintiff agreed to rent the property located at 844 N. Vernon Avenue #10, Azusa, CA 91702 (“Unit #10”) to Defendant for a 1-year term. Defendant also executed a guaranty. Defendant failed to pay rent and his share of the common area operating expenses and failed to vacate Unit #10 upon termination of Lease #1.

Additionally, on or about February 23, 2015, ERS Partners, L.P. (“ERS”), as Lessor, and Defendant, as Lessee, entered into an “Agreement to Rent or Lease” (“Lease #2”) as to the property located at 844 N. Vernon Avenue #7, Azusa, CA 91702 (“Unit #7”). Ownership of Unit #7 was subsequently transferred to 4 Jet Terrado, LLC and thereafter sold to 15130 Nelson, now known as Plaintiff. Lease #2 was also assigned to Plaintiff. Defendant failed to pay rent and his share of the common area operating expenses (real property taxes).

On October 20, 2022, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-10 for:

1.                  Breach of Contract

2.                  Common Counts

3.                  Breach of Contract

On July 20, 2023, Defendant’s default was entered.

An Order to Show Cause Re: Default Judgment is set for November 3, 2023.

Discussion

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

1.                  Plaintiff has failed to dismiss Does 1-10.

2.                  Matthew Sawyer’s (“Sawyer”) declaration contains a typographical error in Paragraph 5 (i.e., “February 23, 2025”). This error should be corrected.

3.                  Sawyer attests that ERS Partners, LP (“ERA”) is Plaintiff’s predecessor. (Sawyer Decl., ¶ 5). The court notes that Attachment A to Plaintiff’s complaint states as follows: “On or about February 23, 2015, ERS Partners, L.P., by written agreement, leased the premises located at 844 N. Vernon Avenue, Unit #7, Azusa, California, 91702 (‘Unit 7’), to Defendant, Michael Johnson. Ownership of Unit 7 was subsequently transferred to 4 Jet Terrado, LLC, was thereafter sold by 4 Jet Terrado, LLC, to 15130 Nelson, LLC, now known as SGV, LLC Plaintiff in this proceeding. Additionally, the Lease to Defendant, Michael Johnson, was assigned to CGV, LLC.” This information, however, is not set forth in Sawyer’s declaration, nor are any documents evidencing the transfer of the aforesaid lease to Plaintiff attached.

4.                  Plaintiff is instructed to highlight the provision in Exhibit 1 which obligated Defendant to pay real property taxes.

5.                  Paragraph 1.7(c) of Exhibit 2 reflects that a $2,475.00 security deposit was made. Plaintiff is to advise the court as to the disposition of the security deposit.

6.                  Paragraph 22 of Sawyer’s declaration includes a summary of invoices with respect to Unit 10. The court requests that Sawyer explain what “legal fees” were incurred as reflected on the 3/1/2022, 4/1/2022, 5/1/2022 and 7/1/2022 invoices and why Defendant is being charged with same.

7.                  Attorney’s fees should be recalculated pursuant to Local Rule 3.214.