Judge: Salvatore Sirna, Case: 22PSCV00014, Date: 2023-03-22 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 the tentative rulings by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 22PSCV00014    Hearing Date: March 22, 2023    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 GRANTED.

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 an application for default judgment. On December 15, the court denied Plaintiff’s application.

On February 14, 2023, Plaintiff filed the present application for default judgment. An OSC Re: Entry of Default is set for March 22, 2023.    

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.)

DISCUSSION

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. Because the court finds Plaintiff has submitted sufficient evidence, the court GRANTS Plaintiff’s application for default judgment.

CONCLUSION

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