#1340635, Benjamin Wiener Family Trust v. Jason Clark, filed 11/17/09

Plaintiff’s Attorney: E. Patrick Morris

Result: $81,500.00 Judgment for Plaintiffs              Dept. 3

Plaintiffs rented a single family home to Defendant.  An inspection made one year after the tenancy commenced revealed unsafe and unsanitary conditions in the kitchen due to unreported water leakage.  Plaintiffs served a three-day notice to quit based on Defendants’ committing  waste, followed by a complaint alleging unlawful detainer and damages for waste.  Defendant defaulted and then successfully moved to set aside the default before a writ of possession could be executed upon.  Settlement was reached with Defendant to vacate premises, forfeit the security deposit of $30,000.00 and pay additional amounts including  rent at a reduced rate while repairs were to be completed.  Defendant did not timely vacate.  Plaintiffs’ ex parte motion to enter the settlement as judgment under CCP 664.6  was granted.  Thereafter, Defendant did not perform conditions under judgment and Plaintiff  filed a motion to enforce judgment seeking $91,464.31 for past rent, new late fees and additional damages. No opposition was filed by Defendant. On the day before the motion, Defendant’s attorneys filed an ex parte application to dismiss the case and/or to be relieved as counsel.  Application for dismissal was denied while request to be relieved as counsel was granted. Court then denied Plaintiff’s motion as to additional damages and late fees, granted as to the unpaid rent and entered a money judgment for $81,500.00.