Judge: Salvatore Sirna, Case: 22PSCV00014, Date: 2022-12-15 Tentative Ruling

Case Number: 22PSCV00014    Hearing Date: December 15, 2022    Dept: G

Plaintiff 1301 Gladstone Street Investors, LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff 1301 Gladstone Street Investors, LLC’s Application for Default Judgment is DENIED without prejudice.

BACKGROUND

This is a breach of lease agreement action. On May 2, 2018, Plaintiff 1301 Gladstone Street Investors, LLC entered into a written lease agreement with ET, Inc., doing business as Golden Spoon, and Ali T. Demirel (collectively, Defendants) in which Defendants agreed to lease real property in Glendora from Plaintiff. Plaintiff alleges Defendants breached the lease agreement leaving before the lease period expired and claims damages of more than $250,000.

On January 10, 2022, Plaintiff filed a complaint against Defendants and Does 1-20 alleging the following causes of action: (1) breach of lease and (2) breach of guaranty.

On May 10, 2022, default was entered against Defendants. On September 14, Plaintiff submitted the present application for default judgment.  

An OSC Re: Entry of Default is set for December 15, 2022.    

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

Plaintiff seeks default judgment against Defendant in the total amount of $98,460.26, including $95,113 in damages, $2,792.26 in attorney fees, and $555 in costs.¿For the following reasons, the court DENIES Plaintiff’s application without prejudice. 

First, Plaintiff fails to justify the damages requested. (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 288.) While Plaintiff’s complaint alleges Defendants breached the lease agreement by vacating the premises prior to termination, Plaintiff does not provide the date Defendants committed this breach. (Complaint, ¶ 5.) Plaintiff’s supporting declaration also fails to state the date Defendants vacated the premises and stopped making rent payments. (Thomas Decl., ¶ 6.)

Plaintiff established an attempt to mitigate damages by obtaining a new tenant on May 1, 2021, and now only requests $95,113. While Plaintiff provides accounting records that suggest the breach occurred on August 1, 2020, and calculated damages from August 1, 2020, to April 30, 2021, the amount of rent and fees only total $61,173 and Plaintiff does not explain in the declaration why Plaintiff requests an additional $33,940. (Thomas Decl., ¶ 6.)  

Finally, Plaintiff did not provide a signed guaranty from Defendant Demirel. (Thomas Decl., ¶ 4, Ex. 2.) While Plaintiff’s counsel provided a copy of a purported signed guaranty in a notice of errata, it is inadmissible as Plaintiff failed to attach this document to a supplemental declaration authenticating the document.

CONCLUSION

Based on the foregoing, Plaintiff’s application for default judgment is DENIED without prejudice.