Judge: Peter A. Hernandez, Case: 22PSCV02637, Date: 2023-06-13 Tentative Ruling

Case Number: 22PSCV02637    Hearing Date: June 13, 2023    Dept: K

Plaintiff ROIC Diamond Hills Plaza, LLC’s Application for Default Judgment is DENIED without prejudice.

Background   

This is an unlawful detainer action regarding the commercial property located at 2761 S. Diamond Bar Blvd., Diamond Bar, CA 91765 (“subject property”). On December 12, 2022, Plaintiff ROIC Diamond Hills Plaza, LLC (“Plaintiff”) filed a complaint, asserting a cause of action against Defendants Denghui Wu dba Koiocakery (“Wu”), Jing Jin dba Koiocakery (“Jin”) and Does 1-10 for:

1.                  Unlawful Detainer

On January 10, 2023, Wu’s and Jin’s defaults were entered. On January 12, 2023, a clerk’s default judgment for possession only was entered.

A Case Management Conference and an Order to Show Cause Re: Failure to File Proof of Service are set for May 22, 2023.

Discussion

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

1.                  Plaintiff represents that the commercial tenancy was entered into between Plaintiff and Defendants’ predecessor in interest. The lease attached as Exhibit 4c to the Declaration of Courtney Pease identifies the parties to the subject lease agreement as Plaintiff, on the one hand, and Justin Liu and Lok Ting Ho (together, “Liu/Ho”), on the other hand. Plaintiff has not attached a copy of any assignment to from Liu/Ho to Defendants.

2.                  Plaintiff is requested to address whether or not it received a security deposit from

Defendants and, if so, whether or not said deposit was applied to the amount owed.