Case Number: 19STCV38995 Hearing Date: July 14, 2020 Dept: 31
REQUEST FOR ENTRY OF DEFAULT IS DENIED WITHOUT PREJUDICE.
On October 31, 2019, Plaintiffs SJF Temple Rampart LLC and HSB Temple Rampart LLC filed the instant unlawful detainer action against Defendant Jacob Son and Does 1 through 10. The Complaint concerns commercial property located at 2532 West Temple Street, Los Angeles, CA 90026.
On January 28, 2020, default was entered as to Jacob Son (hereinafter “Defendant”). On February 6, 2020 Plaintiffs dismissed Does 1 through 10 without prejudice. On June 23, 2020, a Return on Attachment/Execution was filed with the Court indicating that on March 5, 2020, Plaintiffs were placed in quiet and peaceful possession of the premises.
Plaintiffs seek entry of a default judgment of $51,660.47 against Defendant consisting of $48,842.07 in general damages, $1,855.00 in attorneys’ fees, and $963.40 in costs.
The Court finds that Plaintiffs’ prove up papers are deficient. First, the Declaration of Mailing contained in the Civ-100 Form indicates that the default judgment packed was mailed to the subject property after Defendant vacated. Plaintiffs will be required to re-serve the papers on Defendant at a location that is not the subject property.
Additionally, there are discrepancies between the Declaration for Default Judgment By Court (UD-116) (hereinafter “Declaration), the Complaint, and the attached exhibits. For example, the Declaration states that the 3-day notice to pay rent or quit demanded rent due in the amount of $14,950.14. The Complaint and attached 3-Day Notice indicate that that amount is actually $14,590.14. Moreover, the Declaration states that the date of service of the Notices was August 30, 2019, while the Notices themselves indicate that service was made on July 24, 2019 and July 30, 2019.
Plaintiffs have also failed to provide evidence sufficient to support an award relating to the $3,083.75 in deferred rent, such as the alleged May 16, 2019 Letter Agreement. Finally, the amount of attorney fees requested exceeds the amount allowed by Local Rule 3.214.
Based on the foregoing, Plaintiffs’ request for entry of default judgment is DENIED without prejudice.