Judge: Virginia Keeny, Case: 22VECV01347, Date: 2023-04-28 Tentative Ruling

Case Number: 22VECV01347    Hearing Date: April 28, 2023    Dept: W

DEFAULT JUDGMENT

Amount:                    

Damages:              $

Interest:                $

Attorney Fees:      $

Costs:                    $

Total:                     $

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