Judge: Peter A. Hernandez, Case: 23PSCV01620, Date: 2024-02-06 Tentative Ruling
Case Number: 23PSCV01620 Hearing Date: February 6, 2024 Dept: K
Plaintiff
Town Ranch LLC’s Application for Default Judgment is DENIED without prejudice.
Background
This is an unlawful detainer regarding the commercial premises located at 619 W. Foothill Boulevard, Claremont, CA 91711 (“Premises”). as follows:
On May 31, 2023, Plaintiff Towne Ranch LLC (“Plaintiff”) filed a “Complaint for Unlawful Detainer for Non-Residential Premises for Non-Payment of Rent” against Kelly Ferm, Inc. (“Defendant”) and Does 1-10.
On September 8, 2023, Defendant’s default was entered.
On September 11, 2023, a clerk’s default judgment for possession only was entered.
An Order to Show Cause Re: Default Judgment is set for February 6, 2024.
Discussion
Plaintiff’s Application for Default Judgment is denied without prejudice. The following defects are noted:
1.
The lease, addendum thereto, First Amendment to Lease
and Second Amendment to Lease (Exh. 4c) all identify Defendant as lessee and
Wohl/Claremont Courtyard as lessor. Sajara Garland attests that she is employed
as a property manager by Pacific West Asset Management Corp., “the retained
property manager of Plaintiff in this action.” (Garland Decl., ¶ 1). Plaintiff
identifies itself as the owner of the Premises (Complaint, ¶ 8), alleges that
Wohl/Claremont Courtyard is its predecessor-in-interest and that Wohl/Claremont
Courtyard’s interest in the lease was assigned to Plaintiff in conjunction with
Plaintiff’s purchase of the premises (Id., ¶ 10); however, the court
does not appear to be in possession of any assignment. Plaintiff is requested
to provide the court with a copy of the assignment.
2.
Attorney’s fees should be reduced to $1,753.38, as per
Local Rule 3.214 (i.e., $690 + [3% of $35,445.89]). Plaintiff seeks attorney’s
fees based on the $50,469.89 “[d]emand of complaint,” rather than on the
$45,445.89 balance resulting after a $5,024.00 “credit[] acknowledged.”