Judge: William A. Crowfoot, Case: 22AHCV01012, Date: 2023-05-17 Tentative Ruling

Case Number: 22AHCV01012    Hearing Date: May 17, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

I.         BACKGROUND

On November 4, 2022, plaintiff W/J Commercial Venture, L.P. (“Plaintiff”) brought this unlawful detainer action against defendants FBSR Franchises Inc. (“FBSR”) and Donita Fowler (“Fowler”). Plaintiff alleges FBSR signed a six-year lease (“Lease”) for the premises located at 1249 North Lake Avenue in Pasadena, CA 91104 (“Premises”) on January 15, 2021. Plaintiff further alleges Fowler guaranteed FBSR’s payments under the Lease. According to Plaintiff, Defendants stopped paying rent in August of 2022 but remain in possession of the Premises.

Fowler was dismissed on November 11, 2022. Plaintiff now requests default judgment against FBSR for $18,070.42.

II.        LEGAL STANDARD

          Code of Civil Procedure sections 585 and 586 allows a court of law to enter default judgment upon a party’s complaint without trial when a defendant has not timely filed an appropriate response.  (Code Civ. Proc., §§ 585, 586.) 

          A party seeking a default judgment “must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100), unless the action is subject to the Fair Debt Buying Practices Act, Civil Code section 1788.50 et seq., in which case the party must use mandatory Request for Entry of Default (Fair Debt Buying Practices Act) (form CIV-105).”  (Cal. Rules of Court, rule 3.1800, subd. (a).)  “The following must be included in the documents filed with the clerk: (1) Except in unlawful detainer cases, a brief summary of the case identifying the parties and the nature of plaintiff's claim; (2)  Declarations or other admissible evidence in support of the judgment requested; (3)  Interest computations as necessary; (4)  A memorandum of costs and disbursements; (5)  A declaration of nonmilitary status for each defendant against whom judgment is sought; (6)  A proposed form of judgment; (7)  A dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment; (8)  Exhibits as necessary; and (9)  A request for attorney fees if allowed by statute or by the agreement of the parties.”  (Id. Rule 3.1800, subd. (a)(1)-(9).)

III.      DISCUSSION

          Plaintiff offers the declaration of Sara Creagan, who attaches a copy of the Lease.  (Creagan Decl., Ex. A.)  The lease states that the monthly rent is $2,887.50 for the first 12 months of the lease and $2,974.13 for the second year of the lease.  (Ex. A, p.6.)  According to Creagan, Paragraphs 4 and 5 of the lease also requires monthly common area maintenance (“CAM”) expenses of $793.  However, nowhere in the lease or in Creagan’s declaration is there evidence of the CAM expenses charged to Defendant, which affects Plaintiff’s calculation of Defendant’s monthly leasehold obligations, daily damages, and late fees.  (See Ex. A, p. 5.5 [referring to records for expenses and Defendant’s pro rata share based on rentable ground floor area].) 

IV.      CONCLUSION

Accordingly, Plaintiff W/J Commercial Venture, L.P.’s request for default judgment is DENIED without prejudice.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Dated this 17th day of May 2023