Judge: Peter A. Hernandez, Case: 23PSCV02106, Date: 2023-12-19 Tentative Ruling

Case Number: 23PSCV02106    Hearing Date: December 19, 2023    Dept: K

Plaintiff CPT Towers Industrial LLC’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff CPT Towers Industrial LLC (“Plaintiff”) alleges as follows:

Plaintiff owns the commercial property located at 14259 E. Don Julian Road, City of Industry, CA 91746 (“Premises”). Plaintiff, as landlord, and Moreno Group International, Inc., (“MGI”), Victor A. Moreno (“Moreno”) and Maria Lourdes Reyes (“Reyes”) (together, “Defendants”), as tenants, entered into a written lease dated August 13, 2015 (“Lease”) for the Premises for a term ending on November 30, 2020. The parties subsequently entered into a written amendment to the Lease dated November 24, 2020, which extended the term through December 31, 2023. Defendants have failed to pay base rent and additional rent that accumulated during the period from August 1, 2021 through December 31, 2022.

On July 13, 2023, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-10 for:

1.                  Breach of Written Lease

2.                  Common Count

On August 22, 2023, MGI’s and Moreno’s defaults were entered. On August 30, 2023, Reyes’ default was entered.

A Case Management Conference and Order to Show Cause Re: Failure to File Proof of Service are set for December 19, 2023.

Discussion

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

1.                  Plaintiff has failed to provide the court with a summary of the case, as per California Rules of Court Rule 3.1800, subdivision (a)(1).

2.                  Plaintiff has failed to address the disposition of the $6,300.00 security deposit. (See Lawson Decl., ¶ 2, Exhs. A [i.e., Lease, ¶ 5] and B [i.e., First Amendment to Lease, ¶ 3].) Plaintiff is requested to so do.