Judge: Thomas Falls, Case: 21WCUD00515, Date: 2022-11-17 Tentative Ruling
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Case Number: 21WCUD00515 Hearing Date: November 17, 2022 Dept: R
MALL MANAGEMENT, LLC vs EL MONTE CLINICA MEDICA GENERAL MEDICAL
CENTER, INC. (21WCUD00515)
______________________________________________________________________________
Plaintiff’s APPLICATION FOR DEFAULT
JUDGMENT
Tentative Ruling
Plaintiff’s APPLICATION FOR DEFAULT
JUDGMENT is DENIED with prejudice.
Background
This case pertains to a commercial
lease agreement. Plaintiff Mall Management LLC alleges the
following
against Defendant El Monte Clinica Medica General Medical Center: Plaintiff and
Defendant entered into a lease agreement. Defendant defaulted on the agreement.
On August 13,
2021, Plaintiff filed suit against Defendant and Doe Defendants.
On September
1, 2021, Defendant filed its answer.
On October
21, 2021, default was entered against “All others in possession.”
On November
9, 2021, Defendant filed a stay due to bankruptcy proceedings.
On December
15, 2021, a notice of termination of stay was filed.
On April 1,
2022, the following minute order regarding trial setting was issued by the
Honorable Kenneth Fuller: The
Court notes there is no appearance by or for the defendant. Counsel for
plaintiff informs the Court that possession is no longer at issue and requests
to convert the matter into a regular civil case. Counsel for plaintiff's oral
request to continue the matter to amend the complaint and set the matter of
trial is heard and granted. Order to Show Cause Re: status of amended complaint
is scheduled for 05/03/2022 at 08:30 AM in Department 2 at West Covina
Courthouse. Non-Jury Trial is scheduled for 09/01/2022 at 08:30 AM in
Department 2 at West Covina Courthouse.
On June 28, 2022, default was entered against Defendant.
On June 28, 2022, Plaintiff filed a FAC. The proof of
service attached to the FAC (not separately uploaded) indicates that Defendant
was served with the FAC on May 5, 2022; therefore, Defendant’s answer was due
June 5, 2022.
On August 4, 2022, Plaintiff filed the instant application
for default judgment.
Discussion
According to Plaintiff’s complaint, Defendant vacated the
premises on or about March 18, 2022, at which time Defendant was in rental
arrearages of $64,350.00 after accounting for Defendant’s security
deposit. (Complaint ¶8.) However, this allegation is contradicted by Plaintiff’s
counsel’s contention that by the time the property was re-rented on July 1,
2022 and “after accounting for Defendant’s $7,000.00 security deposit,
Defendant was in arrearages under the Lease in the amount of $84,098.00.”
(Dunkleman Decl., ¶6.)
Considering that the complaint and the supporting material
proffer contradictory information and it is the complaint that frames
the required evidence, the application is DENIED with prejudice.
Conclusion
Based thereon, the application is denied with prejudice.