Judge: Teresa A. Beaudet, Case: 22STCV11282, Date: 2024-06-20 Tentative Ruling

Case Number: 22STCV11282    Hearing Date: June 20, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Shuwen Li (“Plaintiff”) requests entry of default judgment against Defendant Solomon Demeku (“Defendant”). Plaintiff seeks judgment in the total amount of $50,803.95, comprising $50,000.00 in damages and $803.95 in costs. 

The Court notes a few defects with the submitted default judgment package. 

First, Item 6(b) of the request for court judgment (Form CIV-100) is checked. However, Items 6(b)(1)-(2) are blank. No date of mailing, name(s), or addresse(s) are specified. In addition, below Item 6 of the request for court judgment, a declarant’s name is listed, but no signature is provided.

Pursuant to Code of Civil Procedure section 587, “[a]n application by a plaintiff for entry of default under subdivision (a), (b), or (c) of Section 585 or Section 586 shall include an affidavit stating that a copy of the application has been mailed to the defendant’s attorney of record or, if none, to the defendant at his or her last known address and the date on which the copy was mailed. If no such address of the defendant is known to the plaintiff or plaintiff’s attorney, the affidavit shall state that fact. No default under subdivision (a), (b), or (c) of Section 585 or Section 586 shall be entered, unless the affidavit is filed. The nonreceipt of the notice shall not invalidate or constitute ground for setting aside any judgment.”

Second, the supporting Declaration of Shuwen Li provides, inter alia, that “[a]s the owner of the residence at 24321 Barley Dr., Moreno Valley, CA, on August 1, 2017, I rented the residence to four college students: Defendants Timothy Pojim, Yonatan Daniel, Solomon Demeku, and Dajohn Wade for $4,550 per month ($2,150 for one tenant and $800 each for the additional three tenants) through July 31, 2018 [true copy, Lease, see par. 1, 4].” (Li Decl., ¶ 1.) However, the “Residential Lease/Rental Agreement” attached as Exhibit 1 to the Li Declaration lists the “Tenant(s)” as “Timothy Pojim.” (Li Decl., Ex. 1.) Defendant’s name does not appear to be listed on the agreement. (Li Decl., Ex. 1.) It does not appear that any explanation has been provided regarding this issue. 

Based on the foregoing, the Court denies the request for default judgment without prejudice. The Court will discuss with Plaintiff a schedule for resubmission of the default judgment package.

DATED:  June 20, 2024                                 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court