Judge: Salvatore Sirna, Case: 24PSCV02569, Date: 2025-01-28 Tentative Ruling

Case Number: 24PSCV02569    Hearing Date: January 28, 2025    Dept: G

Plaintiff Rowland Ranch Properties, LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Rowland Ranch Properties, LLC’s Application for Default Judgment is GRANTED in the reduced amount of $606,631.20.

BACKGROUND

This is a breach of lease agreement action. In November 2022, Plaintiff Rowland Ranch Properties, LLC (Rowland Ranch) entered into a written lease agreement with Defendant Fuji LA Metro 2201 LLC (Fuji LA Metro) in which Fuji LA Metro agreed to rent a property in Rowland Heights from Rowland Ranch for a six year and four-month term. Defendant Fuji Inc. (Fuji) also a written guaranty in support of the lease. In March 2023, Rowland Ranch alleges Fuji LA Metro and Fuji breached the lease agreement by failing to pay rent that was due.

On August 9, 2024, Rowland Ranch filed a complaint against Fuji LA Metro, Fuji, and Does 1-10, alleging causes of action for (1) breach of contract and (2) breach of written contract. On August 21, 2024, Rowland Ranch’s process server served Fuji LA Metro and Fuji with substitute service in Rowland Heights.

On October 16, 2024, the court entered default against Fuji LA Metro and Fuji after they failed to file a timely answer. On October 25, 2024, Rowland Ranch submitted the present application for default judgment.

A CMC is set for January 28, 2025.

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

Rowland Ranch seeks default judgment against Fuji LA Metro and Fuji in the total amount of $611,594.57, including $596,336.44 in damages, $1,836.50 in interest, $12,816.73 in attorney fees, and $604.90 in costs. Because the court finds Rowland Ranch has submitted sufficient evidence, the court GRANTS their application with the following modification.

While Rowland Ranch requests $12,816.73 in attorney fees, the court finds the appropriate amount of attorney fees pursuant to Local Rule 3.214 is $7,853.36 ($2,890.00 + $4,963.36 or 1% of $496,336.44). Accordingly, the total award of damages is reduced to $606,631.20.

CONCLUSION

Based on the foregoing, Rowland Ranch’s application for default judgment is GRANTED in the reduced amount of $606,631.20.