Case Number:?BC602155????Hearing Date:?November 17, 2017????Dept:?34

Plaintiff?s Request for Entry of Default Judgement

If Defendant provides the original lease documents, or a declaration as to their unavailability and a proposed order to use copies, the Court will enter judgment in the amount of $690,910.07.

BACKGROUND:

Plaintiff Ten Twenty Tenth Street LLC commenced this action on 11/23/15 against defendants for: (1) breach of written contract; (2) breach of oral contract; (3) accounting; (4) breach of the implied covenant of good faith and fair dealing; (5) fraud in inducement; and (6) unlawful business practices.

On 1/4/16, defendant CP Antelope Shops LLC filed a cross-complaint against plaintiff, Jason Balthasar, and Tracy Barre for: (1) breach of lease; (2) breach of guarantees; and (3) fraud. Defendant filed a first amended cross-complaint on 1/6/17. Defendant alleged that plaintiff breached a lease by failing to pay rent when due. Defendant alleged that Balthasar and Barre each executed separate guaranties of the lease.

ANALYSIS:

The FACC seeks damages of not less than $2,681,023.00. (See Prayer.) The instant request for default asserts this amount and acknowledges credits of $1,999,316.00, for a resulting judgment of $681,707.00. Defendant provides a declaration to support this amount. (See Castellanos Decl., ?? 3-10, Exhs. 1-6.)

As to attorney’s fees, Plaintiff is requesting $49,665.95.??However, other than Castellanos?s conclusory declaration as to the amount of fees incurred, defendant does not provide any evidence that the requested amount is reasonable.??The Court will therefore grant attorney’s fees pursuant to the Court?s Local Rule 3.214 in the amount of $8,707.07.

Lastly, Defendant fails to provide the original lease documents, a declaration as to their unavailability, or a proposed order to use copies.??If the Court rectifies this problem prior to the hearing, the Court will enter judgment as indicated below:

 

Default Judgment
Category Amount Requested Amount Granted
Demand of Complaint $681,707.00 $681,707.00
General Damages $0.00
Special Damages $0.00
Interest $0.00
Costs $496.00 $496.00
Attorney’s fees $49,664.95 $8,707.07
$731,867.95 $690,910.07