Judge: Salvatore Sirna, Case: 23PSCV01028, Date: 2023-09-21 Tentative Ruling

Case Number: 23PSCV01028    Hearing Date: September 21, 2023    Dept: G

Plaintiff Shea Center Walnut, LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Shea Center Walnut, LLC’s Application for Default Judgment is GRANTED.

BACKGROUND

This is an unlawful detainer action. In April 2021, Plaintiff Shea Center Walnut, LLC (Shea Center) leased a property in Walnut to Defendant Intellink Education LLC (Intellink) for a term of three years. Subsequently, Intellink breached the lease agreement by failing to pay rent and on March 14, 2023, Shea Center served Intellink with a three-day notice to pay rent or quit. Intellink then failed to comply with the notice.

On April 6, 2023, Shea Center filed a complaint against Intellink and Does 1-10, alleging a cause of action for unlawful detainer. On April 27, Shea Center’s process server personally served Intellink in Fullerton.

On May 8, 2023, default was entered against Intellink. On June 6, Shea Center submitted the present application for default judgment.

A case management conference is set for September 21, 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.)

ANALYSIS

Shea Center seeks default judgment against Intellink in the total amount of $17,543.94, including $16,130.64 in damages, $873.90 in attorney fees, and $539.40 in costs. Because the court finds Shea Center has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

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