Judge: Peter A. Hernandez, Case: 24PSCV00328, Date: 2024-06-11 Tentative Ruling

Case Number: 24PSCV00328    Hearing Date: June 11, 2024    Dept: K

Plaintiff Gref GG Eastland Center, LP’s Application for Default Judgment is DENIED without prejudice.

Background   

This is an unlawful detainer action regarding the commercial property located at 2851 E. Eastland Center Drive, Suite #5, aka Suite #162, West Covina, CA 91791 (“subject property”).

On January 30, 2024, Plaintiff Gref GG Eastland Center, LP (“Plaintiff”) filed a complaint, asserting a cause of action against Defendant West Covina Fire Wings, Inc. dba Fire Wings (“Defendant”) and Does 1-10 for:

1.                  Unlawful Detainer

On April 2, 2024, Defendant’s default was entered.

A Case Management Conference is set for June 11, 2024.

Discussion

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

1.                  The court notes that the lease agreement (attached as Exhibit 4c to the Declaration of James Sattler [“Sattler”]) provides for a security deposit of $11,207.17 (see pg. ii). It is unclear to the court whether or not the security deposit has been applied to the amount outstanding or credited back to Defendant. The court requests that a supplemental declaration be provided in this regard.

2.                  The court requests that Plaintiff explain how the $11,590.00 monthly rent was calculated.

3.                  Attorney fees should be reduced to $2,645.41 (i.e., based on the $87,770.73 demand of complaint), pursuant to Local Rule 3.214.