Pham v. Mongiello

Appellant Julian Pham appeals from the trial court’s order granting appellee Luis Mongiello’s motion for summary judgment and awarding Mongiello $12,341.83 in damages and $1,000 in attorney’s fees. We will affirm in part and reverse and remand in part.

On September 27, 1997, to help his friend Deborah Leffingwell lease an apartment, Pham signed an agreement stating he would guarantee payment to her landlord of all obligations or indebtedness incurred under the lease by Leffingwell. Mongiello eventually evicted Leffingwell for non-payment of rent and for having two dogs in the apartment. When Leffingwell did not pay the past-due rent, late charges, and charges for unauthorized pets and repairs, Mongiello sued her. In November 1999, he obtained a default judgment against Leffingwell awarding him $13,451.83: $9,616.09 in damages, $629.05 in interest, and $3,205.69 in attorney’s fees. Mongiello then demanded that Pham, the guarantor, pay the judgment. When Pham refused, Mongiello filed this suit.

Pham and Mongiello both filed motions for summary judgment. The trial court granted Mongiello’s motion, awarding him $12,341.83 in damages ($13,451.83 minus a $1,110 credit for a lease deposit) and an additional $1,000 in attorney’s fees.