Judge: Salvatore Sirna, Case: 24PSCV02272, Date: 2024-12-09 Tentative Ruling

Case Number: 24PSCV02272    Hearing Date: December 9, 2024    Dept: G

Plaintiff Gershman Properties, LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Gershman Properties, LLC’s Application for Default Judgment is GRANTED as to Defendant CH Glendora, LLC and TENTATIVELY GRANTED as to Defendants Arturo Concha and Erika De La Teja pending Plaintiff Gershman Properties, LLC’s submission of an updated CIV-100 form with Section 8 completed.

BACKGROUND

This is an action for breach of lease agreement. In February 2023, Plaintiff Gershman Properties, LLC (Gershman) entered into a written lease agreement with Defendant CH Glendora, LLC (CH Glendora) in which Gershman agreed to lease commercial property in Glendora to CH Glendora. In support of the lease agreement, Defendants Arturo Concha and Erika De La Teja executed a guaranty of lease. Subsequently, Gershman alleges CH Glendora breached the lease agreement by failing to pay rent.

On July 15, 2024, Gershman filed a complaint against CH Glendora, Concha, and De La Teja (collectively, Defendants) as well as Does 1-30, alleging the following causes of action: (1) breach of written contract and (2) liability under written guaranty. On September 23, 2024, Gershman’s process server served Defendants with substitute service in Downey.

On November 5, 2024, the court entered default against Defendants after they failed to file a timely answer. On November 14, 2024, Gershman submitted the present application for default judgment.

A case management conference is set for December 9, 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

Gershman seeks default judgment against CH Glendora in the total amount of $416,764.86, including $410,018.57 in damages, $5,990.19 in attorney fees, and $756.10 in costs. Gershman also seeks default judgment against Concha and De La Teja in the total amount of $460,168.53, including $453,422.24 in damages, $5,990.19 in attorney fees, and $756.10 in costs.

Because the court finds Gershman submitted sufficient evidence, the court GRANTS Gershman’s application for default judgment as to CH Glendora.

But as to Concha and De La Teja, Gershman’s application is incomplete as Section 8 of the CIV-100 form fails to specify counsel’s basis for knowing Concha and De La Teja’s nonmilitary status. Accordingly, the court TENTATIVELY GRANTS Gershman’s application for default judgment as to Concha and De La Teja pending Gershman’s submission of an updated CIV-100 form.

CONCLUSION

Based on the foregoing, Gershman’s application for default judgment is GRANTED as to CH Glendora and TENTATIVELY GRANTED as to Concha and De La Teja pending Gershman’s submission of an updated CIV-100 form with Section 8 completed.