Judge Salvatore Sirna, Case Number: 23PSCV01642, Date: 2023-10-31 Tentative Ruling

Judge: Salvatore Sirna, Case: 23PSCV01642, Date: 2023-10-31 Tentative Ruling

Case Number: 23PSCV01642 Hearing Date: October 31, 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 in the reduced amount of $34,038.12 against Defendant Intellink Education LLC and $50,652.68 against Defendant Zhaomin Wei. Damages to Plaintiff are joint and several as to Defendants Intellink and Wei.

BACKGROUND

This is an action for a breach of lease agreement. In April 2021, Plaintiff Shea Center Walnut, LLC (Shea Center) entered into a lease agreement with Defendant Intellink Education LLC (Intellink) in which Shea Center agreed to lease a property in Walnut to Intellink for a three-year term. Defendant Zhaomin Wei also executed a personal guaranty in support of the lease agreement. Shea Center alleges Intellink and Wei breached the lease agreement by subsequently failing to pay rent.

In April 2023, Shea Center filed an unlawful detainer action (Case No. 23PSCV01028) against Intellink and Wei. Intellink then vacated and abandoned the Walnut property on May 30. On September 21, the court entered a default judgment on the unlawful detainer action in favor of Shea Center, ordering the cancellation of the rental agreement, the forfeiture of the lease, and the award of $17,543.94 in damages.

On June 1, 2023, Shea Center filed a complaint against Intellink, Wei, and Does 1-20, alleging (1) breach of contract and (2) breach of guaranty. On June 21, Shea Center’s process server personally served Intellink and Wei in Fullerton.

On August 1, 2023, default was entered against Intellink and Wei. On August 23, Shea Center submitted the present application for default judgment.

A case management conference is set for October 31, 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 and Wei in the total amount of $51,458.08, including $48,989.50 in damages, $1,840.78 in attorney fees, and $627.80 in costs. Because the court finds Shea Center has submitted sufficient evidence, the court GRANTS Shea Center’s application with the following modifications.

In this case, Shea Center’s requested damages include $16,930.93 for unpaid rent through May 30, 2023. (Alarcon Decl., ¶ 3, 5.) But in the previous unlawful detainer action, Shea Center provided a declaration that requested only $16,130.64 for this period and the court subsequently awarded that amount in the default judgment. Because the court has already awarded Shea Center the rent for this period in the previous unlawful detainer action, any further request for rent due during this period is denied and the damages owed by Intellink will be accordingly reduced to $32,058.57 ($630 in refurbishing costs plus $31,428.57 in rent owed from June 2023 to April 2024).

With regards to Wei, the court will award damages for unpaid rent through May 2023 as Wei was not a party to the initial unlawful detainer action. But the court will not award the increased amount requested here and will instead award the same amount of $16,130.64 that was already determined to be due in the unlawful detainer action. Thus, the court finds the damages owed by Wei will be reduced to $48,189.21.

Accordingly, total damages against Intellink are awarded in the reduced amount of $34,038.12, including $32,058.57 in damages, $1,351.75 in attorney fees, and $627.80 in costs.

Furthermore, total damages against Wei are awarded in the reduced amount of $50,652.68, including $48,189.21 in damages, $1,835.67 in attorney fees, and $627.80 in costs.

Damages to Plaintiff are joint and several as to Defendants Intellink and Wei.

CONCLUSION

Based on the foregoing, Shea Center’s application for default judgment is GRANTED in the reduced amount of $34,038.12 against Intellink and $50,652.68 against Wei. Damages to Plaintiff are joint and several as to Defendants Intellink and Wei.

Plaintiff to submit a new judgment consistent with the court’s ruling.