SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

10630 WILKINS, LLC, 

ED OVASAPYAN,

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)       CASE NO.: 24STCV03858

[TENTATIVE] ORDER DENYING PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

Dept. 48

8:30 a.m.

December 16, 2024

On February 15, 2024, Plaintiff 10630 Wilkins LLC filed this action against Defendant Ed Ovasapyan for unpaid rent and related fees.  The Court entered default against Defendant on September 11, 2024.  On the same day, Plaintiff filed this request for entry of default judgment.

Plaintiff seeks a judgment of $33,686.77, consisting of $28,789.60 in damages, $1,824.44 in prejudgment interest, $862.73 in costs, and $2,210.00 in attorney fees.

“‘Plaintiffs in a default judgment proceeding must prove they are entitled to the damages claimed.’  [Citation].”  (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 288.)  “[T]he plaintiff must affirmatively establish his entitlement to the specific judgment requested.” (Id. at p. 287.)

Plaintiff’s Managing Member provides a copy of the itemized list of charges sent to Defendant, but no evidence of those individual itemized amounts, no evidence that those charges are part of the lease, and no evidence of the account of credits and debits for an open book account.  (Ourian Decl., Ex. 1.)

Plaintiff does not provide the required calculations for prejudgment interest.  (California Rules of Court, rule 3.1800(a)(3).)

Plaintiff requests $2,210.00 in attorney fees.  Neither the complaint nor the request for default judgment include a copy of the lease, so Plaintiff has not proven that it may be awarded contractual attorney fees.  (See Code Civ. Proc., § 1033.5, subd. (a)(10).)

The $862.73 in costs includes $497.78 in filing fees, $355.00 in process server fees, and $9.95 for postage.  Postage is not a recoverable cost.  (Code Civ. Proc., § 1033.5, subd. (b)(3).)

Dor the Declaration of Nonmilitary Status, Plaintiff states, “Defendant’s military status is unknown.”  As stated on the same page of the Form CIV-100, “If the defendant/respondent is in the military service, or their military status is unknown, the defendant/respondent is entitled to certain rights and protections under federal and state law before a default judgment can be entered.”  Plaintiff must verify that Defendant is not in the U.S. military service.  (California Rules of Court, rule 3.1800(a)(5).)

The request for entry of default judgment is DENIED WITHOUT PREJUDICE.

Any amended request for default judgment should use Form JUD-100 for the proposed judgment.

An Order to Show Cause Re: Failure to Obtain Default Judgment is scheduled for June 17, 2025 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 16th day of December 2024

 

Judge of the Superior Court