Judge: Peter A. Hernandez, Case: 22PSCV03100, Date: 2023-08-16 Tentative Ruling

Case Number: 22PSCV03100    Hearing Date: February 28, 2024    Dept: K

Plaintiff BPP Shiraz Hamp LP’s Application for Default Judgment is DENIED without prejudice.

Background   

This is an unlawful detainer action regarding the commercial property located at 17709 E. Valley Boulevard, Unit B, City of Industry, CA 91744 (“subject property”). On December 29, 2022, Plaintiff BPP Shiraz Hamp LP (“Plaintiff”) filed a complaint, asserting a cause of action against Defendants Shipgadget Corp. (“Shipgadget”). Xuemei Liu (“Liu”) and Does 1-10 for:

1.                  Unlawful Detainer

On January 11, 2023, Shipgadget’s and Liu’s defaults were entered.

On February 3, 2023, All Other Occupants In Possession’s default was entered; that day, a clerk’s default judgment for possession only was entered.

An Order to Show Cause Re: Default Judgment is set for November 28, 2023.

Discussion

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

1.                  Property manager Sarah Francis (“Francis”) attests that Plaintiff was required to spend $86,592.14 to repair damages to the subject property beyond normal wear and tear after Defendants were evicted on March 23, 2023 and that the $113,128.88 security deposit was applied to the damage repair costs. (Francis Decl., ¶¶ 6 and 7). Francis has not provided the court with any receipts evidencing damage repair costs.

2.                  Francis also attests that a “portion” of the security deposit was “previously applied” to Defendants’ account. Francis fails to identify what amount was applied to Defendants’ account and when. Plaintiff is requested to provide the court with a statement of account.