Judge: William A. Crowfoot, Case: 22AHCV01088, Date: 2024-08-23 Tentative Ruling


Case Number: 22AHCV01088    Hearing Date: August 23, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

SSR PASEO COLORADO LLC,

                    Plaintiff(s),

          vs.

 

FRANCES HUANG,

 

                    Defendant(s).

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     CASE NO.:  22AHCV01088

 

[TENTATIVE] ORDER RE: APPLICATION FOR DEFAULT JUDGMENT

 

Dept. 3

8:30 a.m.

August 23, 2024

 

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Plaintiff SSR Paseo Colorado LLC (“Plaintiff”) seeks a default judgment against defendant Frances Huang (“Defendant”) in this unlawful detainer action in the amount of $104,680.77. Plaintiff contends that Defendant owes $31,464 in past due rent, $68,195.40 in holdover damages, $4,256.37 in attorney fees, and $765 in costs.

Plaintiff’s representative declares that Plaintiff is entitled to holdover damages for 546 days beginning October 1, 2022, because Defendant vacated the premises on March 30, 2024. (Declaration of Carole Green, ¶¶ 9, 11.)  However, Exhibit 4 of Plaintiff’s supporting declaration shows that Defendant moved out of the leased premises on March 30, 2023.  Therefore, Plaintiff is only entitled to 180 days of holdover rent.

Plaintiff’s request for $4,256.37 in attorneys’ fees is also unsubstantiated. Plaintiff provides no description of the work performed by its attorneys or their billable rates. Therefore, the Court cannot conclude that this amount is reasonable. Additionally, Plaintiff does not explain why it is entitled to attorneys’ fees in an amount greater than that provided by Local Rule 3.214(a). Furthermore, the Lease entitles to Plaintiff to “reasonable attorneys’ fees not to exceed $1,000 and costs incurred in connection with such action.” (Lease, Part II, ¶ 23.)  

Accordingly, the default prove-up hearing is CONTINUED to ______________________ at 8:30 a.m. in Department 3 of the Alhambra Courthouse. Plaintiff should submit revised declarations with the correct calculation for holdover rent as well as a request for attorneys’ fees that is substantiated by evidence, and a revised proposed judgment on Form UD-110. All papers supporting the application must be filed no later than 5 court days before the next hearing.

 

 

 

Dated this 23rd day of August, 2024

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

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.