Judge: Thomas Falls, Case: 21PSCV01030, Date: 2022-08-15 Tentative Ruling

Case Number: 21PSCV01030    Hearing Date: August 15, 2022    Dept: R

Shea Center Walnut, LLC v. Super Space Inc. (21PSCV01030)

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Plaintiff Shea Center Walnut, LLC’S APPLICATION FOR DEFAULT JUDGMENT

Tentative Ruling

Plaintiff Shea Center Walnut, LLC’S APPLICATION FOR DEFAULT JUDGMENT

is GRANTED.

Background

This case pertains to an alleged breach of lease agreement. Plaintiff Shea Walnut Center LLC (“Plaintiff”) alleges the following against Defendant Super Space Inc.. (“Defendant”): On July 31, 2019, the parties entered into a lease, set to expire on August 31, 2022. On October 1, 2021, Defendant vacated the premises, indicating the termination of the lease. By that point, the amount of rent past due was at least $32,347.21. Pursuant to Civil Code section 1951.2, Plaintiff also seeks to recover $105,347.21 for rental loss.

On December 8, 2021, Plaintiff filed suit against Defendant.

On April 6, 2022, default was entered against Defendant.

On May 2, 2022, Plaintiff filed the instant application for default judgment.

Legal Standard

Code of Civil Procedure section 585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served.  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; (7) 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; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (Cal. Rules of Court, Rule 3.1800.) 

Discussion

Plaintiff seeks default judgment against Defendant in the amount of $32,150.73 The break-down is as follows:

Damages: $30,340.53,

Costs: $510, and

Attorney Fees: $1,300.00.[1]

The declaration of Dorinne Alarcon, the Real Estate Manager, indicates that the rent accrued through October 2021 is $39,042.53. Rent owed from November 2021 through the end of the Lease Term is $73,000.00. That yields a total of $112,042.53 in damages. However, less mitigation in the amount of $81,702.00, the net total of Plaintiff’s damages is $30,340.53. Therefore, Plaintiff has submitted appropriate evidence to substantiate its damages.

Conclusion