Judge: Teresa A. Beaudet, Case: 19STCV35232, Date: 2023-04-13 Tentative Ruling

Case Number: 19STCV35232    Hearing Date: April 13, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Mirna Boror (“Plaintiff”) requests entry of default judgment against Defendant Rosa Bravo (“Bravo”). Plaintiff seeks judgment in the total amount of $226,580, comprising $226,580.00 demanded in the Complaint.

The Court notes that Plaintiff again submitted a specially prepared proposed judgment and did not use Form JUD-100. As set forth in the Court’s January 31, 2023 Order on Plaintiff’s prior request for default judgment, the Court will require the use of Form JUD-100 because this does not appear to be a case where a lengthy or detailed judgment is necessary. (See LASC Rule 3.213(b).)

In addition, as noted in the Court’s January 31, 2023 Order, Plaintiff asserts that “on April 3, 2019, the HCIDLA ordered Bravo to ‘pay relocation directly to the tenant or deposit it in an escrow account with escrow instructions to the tenant within 15 days’ of Bravo serving Boror with a notice of eviction, in accordance with LAMC §§ 151.09(C)(5) and (G). [Ex. 3].” (Kane Decl., ¶ 6.) Plaintiff asserts that “HCIDLA’s 2019 relocation rate sheet qualified Boror as a low-income tenant with minor children, which would entitle her to the maximum allowable relocation assistance during that period, which according to HCIDLA’s informational RSO bulletin board was $20,450.00.” (Kane Decl., ¶ 6.) The Court previously noted that Exhibit 3 attached to       Mr. Kane’s declaration indicates, inter alia, that “[t]he procedure a landlord must follow to evict a tenant to comply with a government order involves the following…3) The landlord must either pay relocation directly to the tenant or deposit it in escrow…Depending on the tenancy the relocation amount can range from $8,050.00 to $20,050.00.” (Kane Decl., ¶ 6, Ex. 3.) Plaintiff indicates that she “defers to the Court as to which number to use for relocation assistance.” (Kane Decl., ¶ 6), The total amount requested herein appears to include the $20,450.00 amount, but based on the evidence provided, the Court finds that $20,050.00 is the appropriate amount.

If prior to the hearing, Plaintiff files a Form JUD-100 with a judgment amount of $226,180, the Court will sign the Judgment.  Otherwise, the Court will deny Plaintiff’s request for default judgment without prejudice and set a schedule for resubmission of the default judgment package.

DATED:  April 13, 2023                                ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court