Judge: William A. Crowfoot, Case: 22AHCV00505, Date: 2023-04-05 Tentative Ruling


Case Number: 22AHCV00505    Hearing Date: April 5, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

LAN LUO,

                   Plaintiff(s),

          vs.

 

JIANQIANG GU,

 

                   Defendant(s).

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     CASE NO.:  22AHCV00505

 

[TENTATIVE] ORDER RE: DEFAULT PROVE-UP

 

Dept. 3

8:30 a.m.

April 5, 2023

 

Plaintiff Lan Luo requests a court judgment in this unlawful detainer action against defendant Jianqiang Gu in the amount of $97,834.88.   However, Plaintiff’s application for default requires additional clarification.  Plaintiff demanded $96,133 in the Complaint consisting of $46,000 in past due rent at $16,000 per month and claims they are owed rent from April 1, 2022 to June 30, 2022, but rent from this three-month period would be $48,000.  Also, this three-month period ending on June 30, 2022 overlaps with Plaintiff’s calculation of their holdover damages, which is based on a fair rental value of $533.33 per day from June 28, 2022 to September 30, 2022 (94 days), so Plaintiff’s holdover damages should be reduced by 2 days of rent.  Plaintiff has also not accounted for the $20,000 security deposit that was provided for by the lease.  Last, Plaintiff’s calculation of costs is also inaccurate.  The items provided in the memorandum of costs on Form CIV-100 add up to $737.88, not $701.88. 

The application for default judgment is DENIED without prejudice.

The OSC re: Entry of Default Judgment/Default Prove-up is continued to ________.  Plaintiff is to re-submit all paperwork in support of their application for default judgment no later than 2 weeks before the hearing.