Judge: Salvatore Sirna, Case: 22PSCV00250, Date: 2024-11-04 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: 22PSCV00250    Hearing Date: November 4, 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 TENTATIVELY GRANTED pending the City’s dismissal of Defendants Sheng Ya Yang and Lu Jiao He from the present action.

BACKGROUND

This is a nuisance abatement action. On October 21, 2019, the El Monte Police Department (EMPD) was executing a search warrant at a property in El Monte when they discovered illegal indoor cultivation of marijuana.

On March 16, 2022, the City of El Monte (the City) filed a complaint against Defendants Sheng Ya Yang, Lu Jiao He, Lisheng He, Ermei Ma, 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 October 28, 2023, the City’s process server personally served Lisheng He in Myrtle Beach, South Carolina. On January 23, 2024, the court entered default against Lisheng He after Lisheng He failed to timely file an answer.

On June 17, 2024, the City’s process server personally served Ma in Myrtle Beach, South Carolina. On August 12, 2024, the court entered default against Ma after Ma failed to timely file an answer.

On September 30, 2024, the City filed the present application for default judgment. On October 25, 2024, the City entered into a stipulated settlement with Yang and Lu Jiao He.

A post-mediation status conference/trial setting conference and OSC Re: Default/Default Judgment is set for November 4, 2024.

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 Lisheng He and Ma in the total amount of $216,086.94, including $205,000.00 in damages, $3,940.00 in attorney fees, and $7,146.94 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 TENTATIVELY GRANTED pending the City’s dismissal of Yang and Lu Jiao He from the present action.