Judge: Salvatore Sirna, Case: 21PSCV00471, Date: 2023-11-06 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on a tentative ruling by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 21PSCV00471    Hearing Date: March 7, 2024    Dept: G

Plaintiff City of El Monte’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff City of El Monte’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a nuisance abatement action. In November 2018, the El Monte Police Department was executing a search warrant at a property in El Monte when they discovered a commercial marijuana grow operation that was being conducted illegally.

On June 7, 2021, the City of El Monte (the City) filed a complaint against Dan Tu Cun, Jian Zou, Eagle Home Mortgage, LLC (Eagle Home Mortgage), and Does 1-100 alleging the following causes of action: (1) narcotics abatement, (2) public nuisance, (3) violation of El Monte municipal code, (4) violation of Unfair Competition Law, and (5) violation of MAUCRSA. On February 6, 2022, the City’s registered process server served Cun and Zou with substitute service in El Monte. On February 15, the City’s process server personally served Eagle Home Mortgage in North Palm Beach, Florida.

On May 27, 2022, default was entered against Cun and Zou. On February 16, 2023, default was entered against Eagle Home Mortgage. On April 25, the City submitted an application for default judgment. On May 17, the court denied the City’s application.

On August 24, 2023, the City submitted another application for default judgment that the court denied on November 6.

On January 4, 2024, the City submitted the present application for default judgment. A case management conference/OSC Re: Default/Default Judgment is set for March 7.

LEGAL STANDARD

Code of Civil Procedure section 585 permits entry of a default judgment after a party has filed to timely respond or appear.  A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (Cal. Rules of Court 3.1800.)

ANALYSIS

The City seeks default judgment against Cun and Zou in the total amount of $2,642,322.12, including $2,618,020 in damages, $15,143.50 in attorney fees, and $9,158.62 in costs. Because the City has submitted sufficient evidence, the court GRANTS the City’s application for default judgment.

CONCLUSION

Based on the foregoing, the City’s application for default judgment is GRANTED.