Judge: Peter A. Hernandez, Case: 23PSCV01029, Date: 2024-01-04 Tentative Ruling

Case Number: 23PSCV01029    Hearing Date: January 4, 2024    Dept: K

Plaintiff K.M.W., LLC’s Application for Default Judgment is DENIED without prejudice.

Background   

This is an unlawful detainer action regarding the commercial property located at 2205 Loma Ave., South El Monte, CA 91733 (“subject property”). On April 6, 2023, Plaintiff K.M.W., LLC (“Plaintiff”) filed a complaint, asserting a cause of action against Defendants LIKC, LLC (LIKC”), Kecai Li (“Li”), Ling Ma (“Ma”) and Does 1-10 for:

1.                  Unlawful Detainer

On May 23, 2023, LIKC’s, Li’s and Ma’s defaults were entered. On May 25, 2023, a clerk’s default judgment for possession only was entered.

A Case Management Conference is set for January 4, 2024.

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.                  Attorney’s fees should be reduced from $5,000.00 to $1,966.16, pursuant to Local Rule 3.214.

3.                  Paragraph 6 of the parties’ Commercial Lease Agreement indicates that a security deposit of $16,150.00 was made. Plaintiff has not provided the court with any information as to whether the security deposit has been applied.