Judge: Salvatore Sirna, Case: 22PSCV00707, Date: 2022-12-05 Tentative Ruling

Case Number: 22PSCV00707    Hearing Date: December 5, 2022    Dept: A

Plaintiff Puente Hills Business Center II, L.P.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Puente Hills Business Center II, L.P.’s Application for Default Judgment is GRANTED.  

BACKGROUND

This is a breach of lease agreement action. On August 7, 2020, Defendants Zi Fa Lin and Phoe Tech Group, Inc. entered into a 3-year lease agreement with Plaintiff Puente Hills Business Center II, L.P. in which Defendants agreed to rent a property in the City of Industry from Plaintiff. On June 2, 2022, Defendants were evicted from the property pursuant to a judgment entered in an unlawful detainer action brought by Plaintiff. Since the filling of the present action, Plaintiff has been unable to lease property to a new tenant. 

On July 12, 2022, Plaintiff filed a complaint against Defendants and Does 1-10, alleging the following causes of action: (1) breach of written lease, (2) breach of written guaranty, and (3) common counts. Default was entered against Defendants on September 1.   

On September 21, 2022, Plaintiff submitted the present application. A case management conference is set for December 5, 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 Defendants in the total amount of $254,337.00, including $249,368.52 in damages, $584.80 in costs, and $4,383.68 in attorney fees. 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 a default judgment against Defendants is GRANTED.