Judge: Thomas Falls, Case: 20PSCV00786, Date: 2022-10-13 Tentative Ruling

Case Number: 20PSCV00786    Hearing Date: October 13, 2022    Dept: R

La Verne Village, LLC v. Qi Deng, et al. (20PSCV00786)

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Cross-Complainant Qi Deng’s Request for Entry of Default Judgment

Tentative Ruling

Cross-Complainant Qi Deng’s Request for Entry of Default Judgment is

GRANTED.

Background

Plaintiff La Verne Village, LLC (“Plaintiff”) is the owner of the property located at 2855

Foothill Boulevard, Building B, Suite 101, in La Verne (“Subject Premises”). On or about August 28, 2018, Plaintiff and Defendants Qi Deng (“Deng”), Jessie Feng (“Feng”), Sumei Zhang aka Salina Zhang (“Zhang”) and Kin Kong Hon (“Hon”) (collectively, “Defendants”) entered into a written Guaranty of Lease (“Guaranty”), wherein Defendants, jointly and severally, guaranteed the prompt payment of a third-party company (i.e., Shota Sushi & Grill, LLC [“Tenant”]) of rents and other sums due under a written lease agreement entered into on August 28, 2018 between Tenant and Plaintiff for the Subject Premises. Tenant has failed to pay rent.

On November 13, 2020, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-50 for:

            1. Breach of Written Contract (Guaranty of Lease Agreement),

            2. Money Had and Received,

            3. Account Stated, and

            4. Money Due on Open Book Account

On January 4, 2021, Qi Deng filed a cross-complaint against Willy Lee and Rikkie Yeung for:

1.      Breach of Contract,

2.      Fraud and Fraudulent Inducement to Enter into Contract,

3.      Indemnity,

4.      Contribution, and

5.      Declaratory Relief

On January 4, 2021, Deng filed a cross-complaint, asserting causes of action against Willy Lee (“Lee”), Rikkie Yeung (“Yeung”), and Roes 1-10 for:

            1. Breach of Contract,

            2. Fraud and Fraudulent Inducement to Enter into Contract,

            3. Indemnity,

            4. Contribution, and

            5. Declaratory Relief

On January 28, 2021, Plaintiff dismissed Zhang, with prejudice.

On March 9, 2021, Hon’s default was entered.

On March 19, 2021, default was entered against Cross-Defendants Willy Lee and Rikkie Yeung.

On June 8, 2021, the court granted Plaintiff’s Motion for Summary Judgment.

On July 20, 2021, Plaintiff dismissed Feng, with prejudice.

On July 27, 2021, Plaintiff filed a Notice of Entry of Judgment.

On September 3, 2021, an “Amended Judgment to Include Award of Costs Following Entry of Order Granting La Verne Village, LLC’s Motion for Summary Judgment Against Defendant Qi Peng” was filed.

On September 24, 2021, the court denied without prejudice, Plaintiff’s Application for Default Judgment.

On September 24, 2021, Plaintiff filed another Application for Default Judgment against Defendant Kin Kong Hon, the guarantor of the Lease, in the amount of $40,982.49, which the court granted. 

On May 27, 2022, Cross-Complainant, Qi Deng, an application for default judgment against Cross-Defendants WILLY LEE, an individual, RIKKIE YEUNG, an individual. Doe Defendants have been dismissed.

On June 30, 2022, the court denied Plaintiff’s application for default judgment.

On September 26, 2022, Plaintiff filed another application for default judgment.

Discussion

Previously, the court denied Plaintiff’s application for default judgment for three reasons: failure to file a summary of the case explaining the damages, seeking attorney fees without providing the authority for such recovery, and failure to authenticate exhibits.

The court now finds Plaintiff has cured all deficiencies.

Conclusion

Based on the foregoing, default judgment is entered against Defendants Willy Lee, an individual, and Rikkie Yeung, an individual.