Judge: Thomas Falls, Case: 22PSCV01381, Date: 2023-03-09 Tentative Ruling

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Case Number: 22PSCV01381    Hearing Date: March 9, 2023    Dept: O

HEARING DATE:                 Thursday, March 9, 2023                                              

RE:                                          MINSHENG LLC vs ANGEL ANTONIO BORJAS ALBERTO (22PSCV01381)

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Plaintiff’s APPLICATION FOR DEFAULT JUDGMENT

Tentative Ruling

Plaintiff’s APPLICATION FOR DEFAULT JUDGMENT is GRANTED, contingent upon an explanation of service during the hearing [see below].

Background

On October 20, 2022, Plaintiff filed its complaint against Angel Antonio Borjas Alberto for an ACTION FOR RECOVERY OF COVID-19 RENTAL DEBT AS DEFINED UNDER CODE OF CIVIL PROCEDURE SECTION 1179.02.

On December 27, 2022, default was entered against Defendant.

On February 21, 2023, Plaintiff filed the instant application.

Discussion

Plaintiff seeks $67,735.00 in default judgment for unpaid rent ($57,000 in rent, $9,700.00 in interest, $500.00 in attorney fees, and $535.00 in court costs).

In any action seeking recovery of COVID-19 rental debt, as defined in Section 1179.02, the plaintiff shall, in addition to any other requirements provided by law, attach to the complaint documentation showing that the plaintiff has made a good faith effort to investigate whether governmental rental assistance is available to the tenant, seek governmental rental assistance for the tenant, or cooperate with the tenant's efforts to obtain rental assistance from any governmental entity, or other third party pursuant to paragraph (3) of subdivision (a) of Section 1947.3 of the Civil Code. 

(Code Civ. Proc., § 871.10, subd. (a).)

Here, the complaint complies with CCP 871.10 and the application for default judgment complies with CCP section 585 and California Rules of Court Rule 3.1800. However, the court’s only hesitation with granting the application is with Proof of Service.

The complaint and the attached rental agreement state that Defendant leased a residence located at 20857 Quail Run Dr., Diamond Bar, CA 91789. However, though the Proof of Service indicates that Defendant was personally served, the Proof of Service indicates that Defendant was served at 1538 Calle Las Palmas in Pomona, CA 91766. As this is not an action for unlawful detainer such that it is unclear whether Defendant has been evicted (i.e., he may still be residing at the Quail Run Drive address), the court merely seeks clarification as to the Calle Las Palmas address.

Conclusion

Based on the foregoing, the application is GRANTED, contingent upon Plaintiff’s explanation of Proof of Service.