Judge: Virginia Keeny, Case: 22VECV01347, Date: 2023-03-16 Tentative Ruling


Case Number: 22VECV01347    Hearing Date: March 16, 2023    Dept: W

DEPT W

DEFAULT JUDGMENT

 

Case No.

22VECV01347

Case Name:

Mty Franchising USA, Inc. v. Trimurti Management, Inc.

Defaulting Defendant(s):

Trimurti Management, Inc.

Hearing Date:

March 16, 2023

           

This is an unlawful detainer action. On September 13, 2022, Plaintiff filed the UD action against Defendant. Judgment for possession has been entered.  

 

TENTATIVE RULING:  DENY

 

The JUD-100 form and CIV-100 form do not match the UD-116 form. The JUD-100 and CIV-100 form seeks $105,150.20 in damages; $10,515.02 in interest; $24,566.00 in attorney fees; and $2,690.72 in costs. The UD-116 form seeks a money judgment totaling $222,122.02. The court notes the complaint requests past due rent of $105,150.20 only.

 

The CCP 585 declaration is not by Plaintiff. The declaration must be under penalty of perjury by one with personal knowledge, establishing liability and damages. A declaration of an attorney with no firsthand knowledge of the facts is insufficient.

 

Plaintiff also requests attorney fees in excess of the amount provided in Local Rule 3.214. Plaintiff has not demonstrated the work provided in obtaining the default should exceed the Local Rule amount. Moreover, Plaintiff seeks $2,690.72 in costs.  This number is extremely high. Plaintiff must provide evidence for the costs sought.

 

Plaintiff must resubmit a corrected declaration and judgment to address these issues prior to the OSC re entry of judgment.  

DEPT
W



DEFAULT
JUDGMENT



 





















Case No.

22VECV01347

Case Name:

Mty
Franchising USA, Inc. v. Trimurti Management, Inc.

Defaulting Defendant(s):

Trimurti Management, Inc.

Hearing
Date:

March 16, 2023


           



This is an unlawful detainer action. On September 13, 2022,
Plaintiff filed the UD action against Defendant. Judgment for possession has
been entered.  



 



TENTATIVE
RULING:  DENY



 



The CCP 585 declaration is not by Plaintiff.
The declaration must be under penalty of perjury by one with personal
knowledge, establishing liability and damages. A declaration of an attorney
with no firsthand knowledge of the facts is insufficient.



 



Plaintiff also requests attorney fees in excess of the
amount provided in Local Rule 3.214. Plaintiff
has not demonstrated the work provided in obtaining the default should exceed
the Local Rule amount. Moreover, Plaintiff seeks $2,690.72 in costs. This
number is extremely high. Plaintiff must provide evidence for the costs sought.