Case Number: KC069813 Hearing Date: March 28, 2018 Dept: O

Reyes v. Cervantes (KC069813)

Plaintiff’s APPLICATION FOR DEFAULT JUDGMENT

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff’s application for default judgment is denied without prejudice.

Plaintiff has not submitted a declaration from Michael Reyes (“M. Reyes”). Although the “Basic Rental Agreement or Residential Lease” (“Agreement”) identifies the “OWNER” of the premises as “Michael or Dawn Reyes,” confirmation is needed that M. Reyes has not received any of these rental payments.

Plaintiff is self-represented. Plaintiff has not provided the court with any legal authority substantiating her entitlement to reimbursement of costs for document preparation assistance services, nor is the court aware of any. This is not an unlawful detainer action; rather, it is a breach of contract action based on defendants’ alleged failure to pay rent. It is unclear how plaintiff would be entitled to “sheriff lock out” fees or what fees for “opposition to motion” refers to.

Plaintiff must also provide a “Statement of Account,” evidencing how damages were calculated. Plaintiff attests that defendants “defaulted on” the Agreement on 10/27/17; however, ¶ 3 of the complaint and the 3 day notice to pay rent or quit suggest that defendants failed to pay rent commencing on or about 8/1/17. The stated monthly rent is $3,300; as such, if defendants failed to pay rent commencing 8/17 up to the date of plaintiff’s 1/30/18 declaration, it would appear that $19,800.00 in rent is owed, exclusive of any late fees or interest, not the $26,225.00 claimed. Also, it is unclear whether defendants currently maintain possession of the premises or if they have vacated same. Plaintiff must provide the court with this information.