Related Content
in Middlesex County
Case
In the matter of: O'Toole, Linda L
Jul 09, 2024 |
Bhatt, Hon. Manisha H. |
Estates and Administration |
Informal Probate of Will with Appointment of Personal Representative |
MI24P3681EA
Ruling
DIMERCO EXPRESS USA CORP. VS CONCORD DISPLAYS, LLC, A LIMITED LIABILITY COMPANY
Jul 12, 2024 |
22AHCV00898
Case Number:
22AHCV00898
Hearing Date:
July 12, 2024
Dept:
3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT
DIMERCO EXPRESS USA CORP.
,
Plaintiff(s),
vs.
CONCORD DISPLAYS, LLC, et al.
,
Defendant(s).
)
)
)
)
)
)
)
)
)
)
)
CASE NO.:
22AHCV00898
[TENTATIVE] ORDER RE:
APPLICATION FOR DEFAULT JUDGMENT
Dept. 3
8:30 a.m.
July 12
, 2024
)
Plaintiff Dimerco Express USA Corp. (Plaintiff) requests a default judgment against defendant Concord Displays, LLC (Defendant) in the amount of $24,630.97. On May 23, 2042, Plaintiff filed a declaration of counsel attaching a settlement agreement which provides for the entry of a stipulated judgment pursuant to Code of Civil Procedure section 664.6. In light of this agreement, Plaintiffs attempt to secure a default judgment is procedurally incorrect. Plaintiff should be moving for entry of a judgment pursuant to stipulation and submit a proposed judgment that reflects its stipulated nature. Accordingly, the hearing on the default prove-up is vacated and the Court sets an OSC re: Dismissal for _____________ in order to allow Plaintiff time to file a noticed motion.
Dated this
12th
day of
July
, 2024
William A. Crowfoot
Judge of the Superior Court
Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.
Ruling
ROCK CREEK CAPITAL, LLC VS NORMA S CARCAMO
Jul 11, 2024 |
23CHCV00264
Case Number:
23CHCV00264
Hearing Date:
July 11, 2024
Dept:
F47 Dept. F47
Date: 7/11/24
Case #23CHCV00264
MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED
Motion filed on 4/4/24.
MOVING PARTY: Plaintiff Rock Creek Capital, LLC
RESPONDING PARTY: Defendant Norma S. Carcamo
NOTICE: ok
RELIEF REQUESTED
: An order
deeming the truth of matters specified in Plaintiffs Request for Admissions served on Defendant Norma S. Carcamo.
RULING
: The motion is granted.
SUMMARY OF ACTION & PROCEDURAL HISTORY
On 1/30/23, Plaintiff Rock Creek Capital, LLC (Plaintiff) filed this action against Defendant Norma S. Carcamo (Defendant) for breach of contract.
On 4/4/23, Defendant, representing herself, filed an answer to the complaint.
On 2/2/24, Plaintiff served Defendant, by
U.S. Mail, with Requests for Admissions, Set 1.
(Aguirre Decl., Ex.1).
Defendant failed to serve responses.
(Aguirre Decl.).
Therefore, on 4/4/24, Plaintiff filed and served the instant motion seeking an order deeming the truth of matters specified in Plaintiffs Request for Admissions served on Defendant.
Defendant has not opposed or otherwise responded to the motion.
ANALYSIS
Due to Defendants failure to respond to the Requests for Admissions, Plaintiff is entitled to an order deeming the matters admitted.
CCP 2033.280(b), (c).
CONCLUSION
The motion is granted.
Ruling
Capital One, N.A. vs. Sebastian T Evans, III
Jul 10, 2024 |
CU23-05874
CU23-05874
Motion for Judgment on the Pleadings
Page 1 of 2
TENTATIVE RULING
Plaintiff’s unopposed motion for judgment on the pleadings is granted.
Defendant’s answer admits the existence and amount of the indebtedness. (Answer, ¶
10.) Defendant’s inability to pay is not a defense to the indebtedness. A borrower is
legally obligated to repay the debt. (Ab Group v. Wertin (1997) 59 Cal.App.4th 1022,
1028.) And, a creditor has no duty to exercise reasonable forbearance in enforcing its
legal remedies against a debtor. (Price v. Wells Fargo Bank (1989) 213 Cal.App.3d 465,
479.)
Page 2 of 2
Ruling
2024CUEN023875 BENEFITS SYSTEMS INC vs GOLD COAST SECURITIES INC.
Jul 09, 2024 |
Jeffrey G. Bennett
|
Motion to Vacate Sister State Judgment or Alternatively, to Stay Enforcement of Judgment |
2024CUEN023875
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Tentative Ruling
2024CUEN023875: BENEFITS SYSTEMS INC vs GOLD COAST SECURITIES INC.
07/09/2024 in Department 21
Motion to Vacate Sister State Judgment or Alternatively, to Stay Enforcement of Judgment
The morning calendar in courtroom 21 will normally begin between 8:30 and 8:45 a.m. Please
arrive at the courtroom no later than 8:30 a.m. The door will be opened before the calendar is
called.
The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by
CourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make
arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for
approval of a CourtCall appearance made on the morning of the hearing will not be granted. No
exceptions will be made.
With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to
submit on the tentative ruling you can fax notice to Judge Riley's secretary, Ms. Sedillos at
805-289-8705, stating that you submit on the tentative. You may also email the Court at:
Courtroom21@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu of
sending a fax or email. If you submit on the tentative without appearing and the opposing party
appears, the hearing will be conducted in your absence. If you are the moving party and do not
communicate to the Court that you submit on the tentative or you do not appear at the hearing,
the Court may deny your motion irrespective of the tentative.
Unless stated otherwise at the hearing, if a formal order is not signed at the hearing, the
prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a),
(b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with
the court. A "notice of ruling" in lieu of this procedure is not authorized.
Tentative Ruling
The Court DENIES the request to vacate the Judgment because GCSI’s only argument in support
of its request to vacate the Judgment is based on §473.5, and because §473.5 does not apply to a
judgment entered on a sister-state judgment such as the Judgment entered by this Court on April
22, 2024.
The Court also DENIES GCSI’s request for a stay of enforcement of the Judgment.
Analysis
Defendant’s Request for an Order Vacating the Judgment
GCSI’s sole stated ground for vacating the Judgment is that GCSI lacked actual notice of the
Texas action in time to defend, and therefore it entitled to relief from the Judgment pursuant to
Code of Civil Procedure §473.5.
2024CUEN023875: BENEFITS SYSTEMS INC vs GOLD COAST SECURITIES INC.
However, it is well-established that the Court cannot grant relief from the Judgment pursuant to
§473.5, because §473.5 is not applicable to a judgment entered on a sister-state judgment:
“Judgment debtors contend the trial court erred in refusing to vacate the sister state
judgment pursuant to section 473.5. We disagree because section 473.5 is inapplicable to
a sister state judgment entered under the SSFMJA.1
‘When service of a summons has not resulted in actual notice to a party in time to defend
the action and a default or default judgment has been entered against him or her in the
action, he or she may serve and file a notice of motion to set aside the default or default
judgment and for leave to defend the action. The notice of motion shall be served and
filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after
entry of a default judgment against him or her; or (ii) 180 days after service on him or her
of a written notice that the default or default judgment has been entered.’ (§ 473.5, subd.
(a).)
“Judgment debtors contend their motion to vacate judgment was timely under section
473.5, subdivision (a) because it was made within 180 days after entry of the sister state
judgment. They contend the court should have vacated the sister state judgment under
section 473.5, subdivision (a) because their failure to offer a defense in the Indiana action
arose from the absence of service of process and their lack of actual notice. The fatal
fallacy of their position lies in their failure to recognize that section 473.5 is not
applicable to a judgment entered pursuant to the SSFMJA.
“In Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 203 [106 Cal.
Rptr. 2d 854] the court explained, ‘Section 473.5 is addressed to motions to set aside a
default or default judgment … . Section 473.5 is a procedural remedy by which a default
or default judgment may be set aside …; and is inapplicable to a sister state judgment
entered pursuant to the SSFMJA because it is not a default or default judgment.”
(Conseco Marketing, LLC v. IFA & Ins. Services, Inc. (2013) 221 Cal.App.4th 831, 844.)
Defendant’s Request for a Stay of Enforcement of the Judgment
Code of Civil Procedure Section 1710.50(a) provides that:
“(a) The court shall grant a stay of enforcement where:
(1) An appeal from the sister state judgment is pending or may be taken in the state which
originally rendered the judgment. Under this paragraph, enforcement shall be stayed until
the proceedings on appeal have been concluded or the time for appeal has expired…[¶¶]
(5) Any other circumstance exists where the interests of justice require a stay of
enforcement.”
2024CUEN023875: BENEFITS SYSTEMS INC vs GOLD COAST SECURITIES INC.
With respect to a stay of enforcement under §1710.50(a)(1), GCSI does not submit any evidence
that an appeal is pending from the Texas judgment. Instead, GCSI’s Chief Executive Officer
Tae Ho merely states in his declaration that he intends to file a “Bill for Review.” (See Ho
Decl., ¶4.) However, GCSI fails to cite to any authority or submit any evidence indicating that
it is still able to file a timely appeal of the Texas judgment. And under Texas law, a Bill for
Review does not appear to constitute an appeal at all, but rather a separate equitable proceeding
to challenge a judgment that may no longer be appealed. (See In re Tex. Real Estate Comm'n
(Tex.Ct.App. 2018) 2018 Tex. App. LEXIS 672, at *6-7.) Section 1710.50(a)(1) only provides
for a stay of enforcement for appeals. Accordingly, GCSI fails to establish it is entitled to a stay
of enforcement under §1710.50(a)(1).
With respect to §1710.50(a)(5), GCSI contends that it would be in the “interests of justice” to
stay enforcement of the Judgment “due to the lack of notice resulting in…the denial of due
process by the default judgment….” GCSI’s argument regarding a denial of due process lacks
merit, as
“…[D]ue process of law does not require actual notice, only a method reasonably certain
to accomplish that end. [Citation.] ‘Mullane makes it clear that due process of law
does not require actual notice, but only a method reasonably certain to accomplish that
end. [Citations.] “If the form of substituted service is reasonably calculated to give an
interested party actual notice of the proceedings and an opportunity to be heard, the
traditional notions of fair play and substantial justice implicit in due process are
satisfied.”’ [Citation.]
(Rasooly v. City of Oakley (2018) 29 Cal.App.5th 348, 357.)
Here, there appear to have been reasonable attempts by the Texas Secretary of State to serve
GCSI with a Citation , which is apparently the Texas equivalent of a summons, and the
complaint in the Texas action. (See Decl. of Adraian Ciechanowicz, ¶¶4-8.) GCSI fails to
make any argument – much less submit any evidence – that these efforts were constitutionally
deficient. Accordingly, GCSI fails to show that it has been denied due process.
It also is unclear what staying enforcement of the Judgment for an indefinite period would
achieve, as GCSI fails to submit any evidence indicating that it may still timely appeal the Texas
judgment and – in the absence of such evidence – fails to submit any evidence that it will be able
to overturn the Texas judgment. In the absence of such evidence, a stay of enforcement of the
Judgment would not be in the interests of justice.
Ruling
Creditors Adjustment Bureau, Inc., vs. Castro
Jul 12, 2024 |
23CVG-00362
CREDITORS ADJUSTMENT BUREAU, INC., VS. CASTRO
Case Number: 23CVG-00362
Tentative Ruling on Motion for Terminating Sanctions: Plaintiff Creditors Adjustment Bureau, Inc. moves
for terminating sanctions by striking Defendant Vincent Castro’s answer. Plaintiff also requests sanctions in the
amount of $1,572.75 for each motion.
Procedural Defect: As a procedural matter, this motion was served both via mail and email on May 9, 2024, and
set for a hearing date of June 7, 2024. CCP § 1005(b) requires all moving papers be served 16 court days before
the hearing. This notice period is extended by five calendar days if the motion is served by mail. Id. For service
by email, the notice period is extended by two court days. CCP § 1010.6(a)(3). This timeframe is calculated by
counting backwards from the hearing date but excluding the hearing date. CCP § 12c.
Starting with the June 7, 2024, hearing date and counting backwards 16 court days (excluding the Court holiday
of May 27, 2024) then five calendar days for out of state mailing this matter should have been served by mail no
later than, May 4, 2024. For email the last day to serve the motion was April 24, 2024. The motion was served
on May 7, 2024, and was untimely under either calculation. Based on insufficient statutory notice, the motion is
denied.
Merits of Motion: Even if the motion had been timely noticed, terminating sanctions are not warranted.
Terminating sanctions are a “drastic penalty and should be used sparingly.” Lopez v. Watchtower Bible & Tract
Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604. A terminating sanction should not generally be
imposed by the court until less severe sanctions have been attempted and were unsuccessful. Id. No justification
has been provided as to why terminating sanctions are appropriate in this context instead of lesser evidentiary or
issue sanctions. Without additional evidence, terminating sanctions would be premature.
The motion is DENIED. A proposed order was lodged with the Court which will be modified to reflect the
denial.
Review Hearing: This matter is also on calendar for review regarding trial re-setting. The Court designates this
matter as a Plan II case and intends on setting it for trial no later than October 15, 2024. An appearance is
necessary on today’s calendar to discuss available trial dates.
Ruling
Discover Bank vs William Arteaga
Jul 10, 2024 |
23CV-03426
23CV-03426 Discover Bank v. William Arteaga
Court Trial
Appearance required. Parties who wish to appear remotely must contact the clerk of the
court at (209) 725-4111 to seek permission and arrange for a remote appearance.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MERCED
Ex Parte Matters
Hon. Brian L. McCabe
Courtroom 8
627 W. 21st Street, Merced
Wednesday, July 10, 2024
1:15 p.m.
The following tentative rulings shall become the ruling of the court unless a party gives
notice of intention to appear as follows:
1. You must call (209) 725-4111 to notify the court of your intent to appear.
2. You must give notice to all other parties before 4:00 p.m. of your intent to appear.
Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will
result in no oral argument. Note: Notifying Court Call (the court’s telephonic appearance
provider) of your intent to appear does not satisfy the requirement of notifying the court.
IMPORTANT: Court Reporters will NOT be provided; parties wanting a hearing
transcript must make their own arrangements.
Case No. Title / Description
There are no Ex Parte Matters Scheduled
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MERCED
Ex Parte Matters
Judge Pro Tem Peter MacLaren
Courtroom 9
627 W. 21st Street, Merced
Wednesday, July 10, 2024
1:15 p.m.
The following tentative rulings shall become the ruling of the court unless a party gives
notice of intention to appear as follows:
1. You must call (209) 725-4111 to notify the court of your intent to appear.
2. You must give notice to all other parties before 4:00 p.m. of your intent to appear.
Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will
result in no oral argument. Note: Notifying Court Call (the court’s telephonic appearance
provider) of your intent to appear does not satisfy the requirement of notifying the court.
IMPORTANT: Court Reporters will NOT be provided; parties wanting a hearing
transcript must make their own arrangements.
Case No. Title / Description
There are no Ex Parte matters scheduled.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MERCED
Ex Parte Matters
Hon. Jennifer O. Trimble
Courtroom 12
1159 G Street, Los Banos
Wednesday, July 10, 2024
1:15 p.m.
The following tentative rulings shall become the ruling of the court unless a party gives
notice of intention to appear as follows:
1. You must call (209) 725-4111 to notify the court of your intent to appear.
2. You must give notice to all other parties before 4:00 p.m. of your intent to appear.
Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will
result in no oral argument. Note: Notifying Court Call (the court’s telephonic appearance
provider) of your intent to appear does not satisfy the requirement of notifying the court.
IMPORTANT: Court Reporters will NOT be provided; parties wanting a hearing
transcript must make their own arrangements.
Case No. Title / Description
There are no Ex Parte matters scheduled.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MERCED
Limited Civil Long Cause Court Trials
Judge Pro Tem Peter MacLaren
Courtroom 9
627 W. 21st Street, Merced
Wednesday, July 10, 2024
1:30 p.m.
The following tentative rulings shall become the ruling of the court unless a party gives
notice of intention to appear as follows:
1. You must call (209) 725-4111 to notify the court of your intent to appear.
2. You must give notice to all other parties before 4:00 p.m. of your intent to appear.
Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will
result in no oral argument. Note: Notifying Court Call (the court’s telephonic appearance
provider) of your intent to appear does not satisfy the requirement of notifying the court.
IMPORTANT: Court Reporters will NOT be provided; parties wanting a hearing
transcript must make their own arrangements.
Case No. Title / Description
There are no cases set for hearing.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MERCED
Mandatory Settlement Conference
Hon. Brian L. McCabe
Courtroom 8
627 W. 21st Street, Merced
Wednesday, July 10, 2024
1:30 p.m.
The following tentative rulings shall become the ruling of the court unless a party gives
notice of intention to appear as follows:
1. You must call (209) 725-4111 to notify the court of your intent to appear.
2. You must give notice to all other parties before 4:00 p.m. of your intent to appear.
Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will
result in no oral argument. Note: Notifying Court Call (the court’s telephonic appearance
provider) of your intent to appear does not satisfy the requirement of notifying the court.
IMPORTANT: Court Reporters will NOT be provided; parties wanting a hearing
transcript must make their own arrangements.
Case No. Title / Description
Ruling
201700491367CUOR Sherwood Valley HOA vs New Mission
Jul 11, 2024 |
Jeffrey G. Bennett
|
Motion to Amend Judgment to Add Additional Judgment Debtors on Alter Ego Theory Under Code of Civil Procedure Section 187 |
201700491367CUOR
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Tentative Ruling
201700491367CUOR: Sherwood Valley HOA vs New Mission
06/25/2024 in Department 21
Motion to Amend Judgment to Add Additional Judgment Debtors on Alter Ego Theory
Under Code of Civil Procedure Section 187
The morning calendar in courtroom 21 will normally begin between 8:30 and 8:45 a.m. Please
arrive at the courtroom no later than 8:30 a.m. The door will be opened before the calendar is
called.
The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by
CourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make
arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for
approval of a CourtCall appearance made on the morning of the hearing will not be granted. No
exceptions will be made.
With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to
submit on the tentative ruling you can fax notice to Judge Riley's secretary, Ms. Sedillos at
805-289-8705, stating that you submit on the tentative. You may also email the Court at:
Courtroom21@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu of
sending a fax or email. If you submit on the tentative without appearing and the opposing party
appears, the hearing will be conducted in your absence. If you are the moving party and do not
communicate to the Court that you submit on the tentative or you do not appear at the hearing,
the Court may deny your motion irrespective of the tentative.
Unless stated otherwise at the hearing, if a formal order is not signed at the hearing, the
prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a),
(b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with
the court. A "notice of ruling" in lieu of this procedure is not authorized.
Tentative Ruling
The Court will CONTINUE the hearing on Plaintiff/Judgment Creditor Sherwood Valley
Homeowners Association’s motion to amend the judgment in this action to add Amy Levan and
Japanese Apple Blossom LLC as additional judgment debtors to July 11, 2024, to be heard after
third party Amy Levan’s motion to quash service of the motion.
Analysis
On June 11, 2024, Amy Levan filed opposition papers to the Association’s motion to amend the
judgment. On the same date, she filed a motion to quash service of the Association’s motion to
amend the Judgment on Levan, on the ground that the Court lacks personal jurisdiction over
Levan because the service of the Association’s motion on her was deficient. Levan’s motion to
quash service is presently set for hearing on July 9, 2024.
201700491367CUOR: Sherwood Valley HOA vs New Mission
Because Levan’s motion to quash raises a fundamental question as to whether the Court has
personal jurisdiction over Levan for the purposes of ruling on the Association’s motion to add
her as an additional judgment debtor, the Court will rule on the motion to quash prior to ruling
on the Association’s motion. (See, e.g., In re Marriage of Obrecht (2016) 245 Cal.App.4th 1,
17 [noting “the California rule…that an objection to personal jurisdiction must be finally
determined…before the defendant can litigate any defense on the merits.”].) Accordingly, the
Court cannot and should not hear the Association’s motion to add additional judgment debtors
prior to hearing Levan’s motion to quash.
Ruling
MASSACHUSETTS EDUCATIONAL FINANCING AUTHORITY VS ALEXANDER
Jul 12, 2024 |
BC682984
Case Number:
BC682984
Hearing Date:
July 12, 2024
Dept:
71
Superior Court of California
County of Los Angeles
DEPARTMENT 71
TENTATIVE RULING
MASSACHUSETTS EDUCATIONAL FINANCING AUTHORITY
,
vs.
ALEXANDER
.
Case No.:
BC682984
Hearing Date:
July 12, 2024
Plaintiff Massachusetts Educational Financing Authoritys
unopposed
motion to enforce the Settlement Agreement is granted.
Plaintiff is to submit a judgment to this Court within 10 days of this ruling.
Plaintiff Massachusetts Education Financing Authority (MEFA) (Plaintiff) moves
unopposed
for an order to enter judgment because Defendant Alexander L Ross (Ross) (Defendant) defaulted on the terms and conditions of the parties settlement stipulation.
(Notice of Motion, pg. 1; C.C.P. §664.6.)
Background
On November 09, 2017, Plaintiff filed a Complaint in this Court for damages in the amount of $25,149.19 to recover the unpaid balance on a credit card account.
(Decl. of Rohan ¶2.)
On March 22, 2022, Plaintiff and Defendant executed a settlement agreement (Settlement Agreement), with the Court retaining jurisdiction to enforce the terms of the agreement.
(Decl. of Rohan ¶3, Exh. A.)
Pursuant to ¶10 of the agreement, if Defendant defaulted under the Settlement Agreement, then Plaintiff could obtain a judgment for the outstanding balance, pre-judgment interest and costs through declaration and order.
(
See
Decl. of Rohan ¶¶3-4, Exh. A at ¶10.)
On February 26, 2024, Plaintiff filed the instant motion.
As of the date of this hearing no opposition has been filed by Defendant.
Motion to Enforce Settlement
Legal Standard
C.C.P. §664.6 provides, as follows: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.
(C.C.P. §664.6(a).)
Disputes regarding the terms of the settlement (or other disputed facts) may be adjudicated on a C.C.P. §664.6 motion on the basis of declarations or other evidence.
(
Malouf Brothers v. Dixon
(1991) 230 Cal.App.3d 280, 284;
Machado v. Myers
(2019) 39 Cal.App.5th 779, 795-796 [stating court may resolve reasonable disputes over terms of settlement agreement but may not modify terms from what was agreed to by parties].)
Discussion
Plaintiff submitted evidence that Plaintiff and Defendant executed a Settlement Agreement that is signed by the parties and contains a provision authorizing this Court to retain jurisdiction under C.C.P. §664.6.
(Decl. of
Rohan ¶2
, Exh. A.)
Accordingly, Plaintiff submitted evidence of the existence of a valid settlement agreement and is therefore entitled to an order enforcing the settlement.
Plaintiffs counsel declares Defendant last made a payment on September 9, 2014.
(Decl. of Rohan ¶4.)
Plaintiffs counsel declares that on March 16, 2023, he last sent a cure letter to Defendant, stating that Defendant had ten days to cure the defect.
(Decl. of Rohan ¶6.)
Plaintiffs counsel declares Defendant did not cure the defect and Defendant has not made any other payments pursuant to the terms of the Settlement Agreement.
(Decl. of Rohan ¶¶6-7.)
Plaintiffs counsel declares the principal outstanding balance on Defendants account is $10,552.09.
(Decl. of Rohan ¶8.)
Plaintiff requests a judgment against Defendant in the amount of $11,073.93, reflecting a principal balance of $25,149.19, less $14,075.26 in credits for payments made, and $0.00 in costs.
Based on the foregoing, Plaintiffs motion
to enforce the Settlement Agreement and enter judgment against Defendant in the amount of $11,073.93, reflecting a principal balance of $25,149.19, less $14,075.26 in credits for payments made, and $0.00 in costs is granted.
Conclusion
Plaintiffs
unopposed
motion to enforce the Settlement Agreement and enter judgment against Defendant in the amount of $11,073.93, reflecting a principal balance of $25,149.19, less $14,075.26 in credits for payments made, and $0.00 in costs is granted.
Plaintiff is to submit a judgment to the Court within 10 days of this ruling.
Moving Party to give notice.
Dated:
July _____, 2024
Hon. Daniel M. Crowley
Judge of the Superior Court