oiu FILED ~~ 5!ji ~~i~s DOUGLAS EMMETT 1997, LLC, 6 a Delaware limited liability company o ~e ~~~:::: ~~~~ i..!! c ~ g! ~... ~r

Transcription

1 2 3 4 SHERWOOnacyRDGROVE A PARTNERSHIP INQ.UDINO A PROFESSIONAL CORPORATION San Vicente Boulevard, Suite 210 Los Angeles, California (310) DON C. SHERWOOD, ESQ.- SrATE BAR No PATRICK H. SHERWOOD, ESQ. - STATE BAR No Attorneys for Plaintiff DOUGLAS EMMETT 1997, LLC, 6 a Delaware limited liability company FILED LOS ANGELES SUPERIOR COURT u:_:o:. BY LYNN LANE DEPUlY 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES (WEST DISTRICT) 10 o e :::: a 8fl.) 0\ ]...!!I '<:I 5!ji is i..!! c 0 >.. oiu g!... r DOUGLAS EMMETT 1997, LLC, ) Case No. SC11640S a Delaware limited liability company, ) [Assigned to Judge Norman Tarle, Dept. B] 12 ) Plaintiff, ) 13 ) BRIEF SUMMARY OF THE CASE IN vs. ) SUPPORT OF PLAINTIFF'S 14 ) REQUEST FOR JUDGMENT- KRUPNICK & KRUPNICK, ) RECOVERY OF UNPAID RENT; 15 A PROFESSIONAL LAW ) DAMAGES FOR BREACH OF CORPORATION, a California ) LEASE; AND ATTORNEYS' FEES BY 16 corporation; VIVIAN KRUPNICK, ) COURT AFTER DEFAULT [CRC an mdividual; and DOES 1 through 20, ) ] 17 inclusive. ) ) COMPLAINT FILED: 03122/12 18 Defendants. ) TRIAL DATE: NONE ) 19 ) ) [DEMAND EXCEEDS 25,000.00] 20 ) ) 21 ) PLAINTIFF DOUGLAS EM1.\1ETT 1997, LLC, a Delaware limited liability 24 company (hereinafter referred to as "Plaintiff"), hereby submits its Brief Summary of the 25 within action in support of its Request for Judgment-Recovery of Unpaid Rent; 26 Damages for Breach of Lease; and Attorneys' Fees by Court After Default, pursuant to 27 California Rules of Court, Rule (a)(l), as follows: 2 8 Ill 1

2 Complaint for Recovery of Unpaid Rent; Damages for Breach of Lease; and Attorneys' 2 Fees in the instant action against Defendants. Plaintiff now respectfully requests entry of 3 Judgment against Defendants, jointly and severally, for certain arrearages in the payment 4 of Rent, Additional Rent, Deferred Rent, Parking Charges, Late Charges and Interest, as 5 set forth below. 6 At all times since the date on which possession of the Premises was restored to 7 Plaintiff, Plaintiff has acted reasonably to attempt to mitigate the damages caused by the 8 default and breach of the terms of the Lease by Defendant Krupnick and Defendant 9 Vivian. To date no replacement tenant has been procured. ';! g a 8 Cl) ell gd N.! is 8 "'" - 0 ;;..- ri..!il f. o-ci) is!... rj'.) Set forth below is the summary of the Rent, Additional Rent, Deferred Rent, Parking Charges, Late Charges and Interest due and owing by Defendants through March 14, 2012, the expiration of the term of the Lease: a. Rent and Damages (December 1, June 30, 2012) Date Category Amount December 1, 2011-June 30, 2012 Rent 24, January 1, June 30, 2012 Additional Rent December 1, 2011-June 30, 2012 Parking Charges 2, March2011 Deferred Rent 3, December 1, June 30, 2012 Late Charges 1, December 1, June 30, 2012 Interest Subtotal 33, b. Discounted Rent and Damages (July 1, March 31, 2014) July 1, March 31, 2014 July 1, March 31, 2014 July 1, March 31, 2014 Subtotal c. Security Deposit Category Rent Additional Rent Parking Charges Amount 75, , , , Total Security Deposit ( 3,810.34) 4 RRTF.li' STTMM A RV Olf Tlrn. r.c\sli'.

3 d. Attorneys' Fees and Costs 2 January 1, June 30, January 1, June 30, 2012 Fees Costs 7, , Subtotal 8, TOTAL DAMAGES 122, Therefore, it is respectfully requested that Judgment be entered in favor of 8 Plaintiff and against Defendants, jointly and severally, in the sum of ONE HUNDRED 9 TWENTY-TWO THOUSAND EIGHT HUNDRED TWENTY-THREE AND 89/ DOLLARS (122,823.89). o Q =... INN c;nci'i a ia Ui ia o.. 01) o e.c;l.l a ==.. = fl3. 00 ll Dated: June 26, SHERWOOD AND HARDGROVE By: rwoo Patrick H. Sherwood Attorneys for Plaintiff DOUGLAS EMMETT 1997, LLC, a Delaware limited liability company 5 BRIEF SUMMARY OF THE CASE

4 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Stat RECEIVED umber, and llddreu): J UN 'l FOR COURT USE ONLY on C. Sherwo?; Esq. fsbn 52798] URT SHERWOOD AND HARDGROVE SUP5RIOR CO San Vicente Blvd., Suite 21 0 WEST at STRICT!Af\ft A M@N16 Los Angeles, California A: WlbbiAM TELEPHONE NO.: FAA NO (OptioMI): FILED ADDREss (Option.tJ: dsherwood@sherwood-hard_m-q_ve.com ATTORNEY FOR Name : Plaintiff DOUGLAS EMMEIT 1997 LLC etc. OS ANGELES SUPERIOR COURT SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES ----_,!'( street ADDREss: 1725 Main Street B JUL 0 6 Z01Z ) MAILING ADDRESS: f Same l cjtyandzjpcode: Santa Monica, California J0H.CLER N AM iti PLAINTIFF/PETITIONER: DOUGLAS EMMETI 1997, LLC, a Delaware limited liability company DEFENDANT/RESPONDENT: KRUPNICK & KRUPNICI Professional Law Co:z:poration, a California corporation; VIVIAN KRuYNICK, an individual and Does 1 to 20 inclusive REQUEST FOR Entry of Default Clerk's Judgment CASE NUMBER: A lication [i] Court Jud ment SC TO THE CLERK: On the com!?laint or cross-complaint filed a. on (date): March 22, 2012 b. by (name): DOUGLAS EMMETI 1997, LLC, a Delaware limited liability company c. D Enter default of defendant (names): BVLVNNLANEDEPU1Y CIV-100 d. [i]. I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names): KRLWNIGK & KRUPNICK Jl Profs_sional Lw Corporatjoi}, a Cal1forrua corporation; and' VIVIAN KRUPNICK, an mctiv1oual (Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code Civ. Proc., 585(d).) e. D Enter clerk's judgment (1) D for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 1174(c) does not apply. (Code Civ. Proc., 1169.) D Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section (2) D under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., on the reverse (item 5).), (3) D for default previously entered on (date): 2. Judgment to be entered. Amount a. Demand of complaint See b. Statement of damages * (1} Special attached (2) General Exhibit ''A" c. Interest d. Costs (see reverse) e. Attorney fees f. TOTALS Credits acknowledged Balance g. Daily damages were demanded in complaint at the rate of: ( per day beginning (date): E9rsonal injury or wrongful death actions; Code Civ. Proc., ) 3. (Check if filed in an unlawful detainer case) Legal document assist: tor unla rut detainer as istant information is on the reverse (complete item 4). 1 Date: June 26, 2012 DQn C. ShnYQQd, Esg. (TYPE OR PRINT NAME) (1} FOR COURT (2) USE ONLY Form Adopted lor Mandatory Use Judicial Council of California CIV-100 [Rev. January 1o D Default entered as requested on (date): D Default NOT entered as requested (state reason): /J J Gl'OR Clerk, by: REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) I I OFJV NTIY OR'ATIORNEY FOR PLAINTIFF) So s P!us, Deputy Page 1 of 2 Code of Civil Procedure, , 1169

5 Exhibit "A" a. Rent and Damages (December 1, June 30, 2012) Date Category Amount December 1, June 30, 2012 Rent 24, January 1, June 30, 2012 Additional Rent December 1, June 30, 2012 Parking Charges 2, March 2011 Deferred Rent 3, December 1, June 30, 2012 Late Charges 1, December 1, June 30, 2012 Interest Subtotal 33, b. Discounted Rent and Damages (July 1, March 31, 2014) Date July 1, 2012-March 31, 2014 July 1, 2012-March 31, 2014 July 1, 2012-March 31, 2014 Subtotal Category Rent Additional Rent Parking Charges Amount 75, , , , c. Security Deposit Total Security Deposit ( 3,810.34) d. Attorneys' Fees and Costs January 1, June 30, 2012 January 1, June 30, 2012 Subtotal Fees Costs 7, , , TOTAL DAMAGES 122, The total aggregate amount of the Judgment as to Defendants, jointly and severally, is in the amount of 122,

6 i::' j l t... PLAINTIFF/PETITIONER: DOUGLAS EMMETT 1997, LLC, etc. -DEFENDANT/RESPONDENT: KRUPNICK & KRUPNICK, etc., et al. CASE NUMBER SC CIV Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, 6400 et seq.). A legal document assistant or unlawful detainer assistant D did [KJ did not for compensation give advice or assistance with this form. (/f'declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state): a. Assistant's name: c. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 5. [X] Declaration under Code of Civil Procedure Section (required for entry of default under Code Civ. Proc., 585(a)). This action a. D is [X] is not on a contract or installment sale for goods or services subject to Civ. Code, 1801 et seq. (Unruh Act). b. D is [X] is not on a conditional sales contract subject to Civ. Code, 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. D is [X] is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., 395(b). 6. Declaration of mailing (Code Civ. Proc., 587). A copy of this Request for Entry of Default was a. D not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiffs attorney (names): b. [X] mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows: (1) Mailed on (date): May 16, 2012 KRuPNICK & KRUPNICK, a Professional Law Corporatio a California corporation 36 N. vrange Grove Ave. Los Angeles, California (2L I_o (seecify names and addresses shown on the envelopes): VIVIAN KRUPNICK, an individual 436 N. Orange Grove Ave. Los Angeles, California I declare under penalty of perjury under the laws of the State of California t a the or goi g ite s 4, 5, and 6 are true and correct. Date: June 16, 2012 Don C. Sherwood. Esg. (TYPE OR PRINT NAME) 7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc., ): a. Clerk's filing fees See b. Process server's fees attached c. Other (specify): Exhibit ''A" d e. TOTAL f. D Costs and disbursements are waived. g. I am the attorney, agent, or party who claims these costs. To the best of my kno correct and these costs were necessarily incurred in this case. I declare under penalty of peury under the laws of the State of California that th Date: June 16, 2012 Don C. Sherwood. Esg. (TYPE OR PRINT NAME) ledge and belief this memorandum of costs is 8. [X] Declaration of nonmilitary status (required for a judgment). No defend named in item 1c of the application is in the military service so as to be entitled to the benefits of the Servicmemb s Civil Relief Act (50 U.S.C. App. 501 et seq.). I declare under penalty of perjury under the laws of the State of California that th Date: June 16, 2012 Clv-100 [Rev. January 1, REQUEST FOR E.NTRY 1 o f: 'lit:faul T (Application tq Entr Default) Page 2 of 2