Case Number: KC065519    Hearing Date: July 24, 2014    Dept: J

Re: Leopoldo Guillen v. Air Design Solutions, Inc. (KC065519)

REQUEST FOR DEFAULT JUDGMENT

Moving Party: Plaintiff Leopoldo Guillen

In this action for breach of contract, Plaintiff alleges that on or about May 7, 2013, Plaintiff entered into an agreement with Defendant wherein the parties agreed as follows: “Defendant sent its squatters to break in the building at 3629 Santa Anita Ave., El Monte, CA 91731 on May 7, 2013 and promised to pay Plaintiff or Plaintiff’s agent $5,000 per month.” Plaintiff further alleges that Defendant breached the agreement by refusing to leave or pay Plaintiff or Plaintiff’s agent and seeks $287,000.00 in damages. The Complaint, filed by Plaintiff in pro per on 11/22/13, asserts causes of action for breach of contract and fraud. Plaintiff now seeks default judgment against Defendant, in the following sums:

(1) $287,000.00 in damages;
(2) $33,949.85 in interest;
(3) $970.00 in costs;
(4) $0.00 in attorney fees;
(5) $321,919.85, total.

• Defendant was served by substituted service on 1/8/14 and by mail on the same day. Default was properly entered on 3/6/14. Request for dismissal of all other named defendants (Does 1-100) is submitted with the package.

• Plaintiff fails to comply with the requirements of CRC 3.1800. Plaintiff fails to submit a “Competent Declaration” required by CCP § 585(d) that supports the damages sought in the Complaint.

• The Complaint allege that on or about May 7, 2013, written agreement was made between the parties; Defendant sent its squatters to break into the subject building on May 7, 2013 and promised to pay Plaintiff or Plaintiff’s agent $5,000 per month; on or about June 15, 2013, Defendant refused to leave to pay Plaintiff or Plaintiff’s agent; the loss of rental income per month is $5,000; and that future loss of income of Plaintiff is 52 months of operating income at $260,000, plus $27,000 past due rent from Defendant. (Complaint BC-1 – BC-6.) Plaintiff also seeks to regain the possession of the subject property.

• Plaintiff represents that he is attaching a copy of the agreement and supporting documents as Exhibits A-F to his Declaration.
o Exhibit A is a “Declaration of ACLandmarks” that does not mention Defendant Air Design Solutions, Inc., but instead refer to alleged wrongdoings of MV Properties, Jean Lang and John Leung.
o Exhibit B is not attached to the Declaration.
o Exhibit C is 3 Day Notice to Pay Rent or Quit dated November 4, 2013, sent by Plaintiff and addressed to Defendant, that is sent pursuant to the lease and/or rental agreement dated May 7, 2013.
o Exhibit D appears to be a memo from “Dr. Ken Wong” that states: “I assign the full power to the General Manager Leo Guillen and he could exercise the power to advise strangers and solicitors to leave our property immediately…” The memo also states that Plaintiff is authorized by AC Landmarks, LLC and Green Transit, Inc. to manage the subject property.
o Exhibit E is a lease dated November 1, 2012 between APC Logistics, Inc. and Leopoldo A. Guillen.
o Exhibit F is Assignment and Transfer of Master Lease from Green Transit, Inc. to Golden Lucky Corporation.

• It is unclear how Exhibits A-F supports Plaintiff’s claim. Moreover, Plaintiff does not submit any evidence of the written agreement between the parties entered on or about May 7, 2013. Moreover, if Plaintiff is seeking future rent pursuant to a lease, he must comply with CC § 1951.2 for future rent calculation.

• Plaintiff seeks prejudgment interest of 15% from 7/1/13. It is unclear why Plaintiff is seeking 15% interest.

• Plaintiff seeks filing fees of $435.00, process server’s fees of $35.00 and $500.00 for research, postage and copy. However, $500.00 for research, postage and copy are not allowed as costs. (CCP § 1033.5(b).)

The request for default judgment is denied. Plaintiff’s standing to bring this action is not established. The court will consider allowing plaintiff to set this matter for a default prove-up hearing, but plaintiff will need to bring in the actual owner(s) of the property (with proof of ownership), and any other witnesses necessary to establish plaintiff’s standing to bring this action, proof of some actual agreement between plaintiff and defendant, and proof of actual damages.