On February 01, 2022 a
Order
was filed
involving a dispute between
Salazar, Gerardo,
and
Martinez, Francisco Javier,
for Other Real Property Unlimited
in the District Court of San Bernardino County.
Preview
V ORL3|NAL
Cynthia Velasco, Esq. (SBN 306140) ‘2
GREENACRE LAW. LLP smamoa ccgutn'75r3mrom~
700 Flower Street, Suite 1000 CguNgngSAryfofigmpéfio
Los Angeles, CA 90017
Telephone(213) 785-3790 AUG 29 2023
Facsimile (909) 966-2950
cv@greenacre. law .
OCmNQMhWN—
BY
mom rkg muzievuw
Attorney for Plaintiff, Gerardo Salazar
FAX
SUPERIOR COURT OF THE STATE OF CALIFORNIA
BY
FOR THE COUNTY OF SAN BERNARDINO
_.
_. v—I
GERARDO SALAZAR, an individual, Case No.2 CIVSBZZOO686
_.
N
Plaintiff,
._. DJ
[PROPOSEBTORDER RE: MOTION TO
._.
A vs. ENFORCE SETTLEMENT
._—
U‘
FRANCISCO JAVIER MARTINEZ, an
and DOES through 20, inclusive;
individual; 1 Date: June 15. 2023
ON
..—
Time: 8: 30 AM
.—
\l Defendants. Dept.: S-32
—- 00
—-
0
NO
This motion of Plaintiff. Gerardo Salazar. an individual, (“Plaintiff“), for an order and
N ~
entry ofjudgment enforcing the terms ofthe Settlement and Release Agreement and (“Settlement
NN Agreement") executed by Plaintiff and Defendant. Francisco Javier Martinez, an individual
N b) (“Defendant"). Plaintiff, on or around December 16, 2022 came on regularly before the Court
Nh for hearing on ‘June 15, 2023 at 8:30 AM or as soon as thereafter.
IQ UI
The Court, having reviewed thc moving and opposing papers on Plaintiff s motion for
1.
N0
order and entry ofjudgment enforcing the Settlement Agreement between Plaintiff and
N \l
Defendant in the instant action; and oral argument of counsel having been received by the Court.
N 00
l
{32090859} ORDER
The Court finds, adjudges, and orders as follows:
That the Motion of Plaintiffis GRANTED.
That the parties entered into a valid, binding written agreement, the terms of which are
OOOONONUIbDJNy—
stated in the Settlement Agreement dated December l. 2023. and are formalized in a
Settlement Agreement dated January 10, 2023.
That moving pany has provided satisfactory evidence that Defendant has breached the
Settlement Agreement and is therefore entitled to enforcement of the agreement pursuant
to Code ofCivil Procedure Section 664.6.
That the moving party has fully performed its obligations under the Settlement
Agreement and is therefore entitled to enforcement of the agreement pursuant to Code of
Civil Procedure Section 664.6.
Judgement shall forthwith bc entered pursuant to the terms of the Settlement Agreement,
—~—._.—_._—_._—
as follows:
OONOU'I-hDJN—
a. The real property commonly known as 1030 West 7'“
Stret, San Bemardino,
California 9241 1 (“Subject Property") to be sold to Renovate Properties, LLC for
$250,000.00 per the February 28, 2003, Purchase Agreement that the Panics
signed.
l9 b. Should the buyer. Renovate Properties, LLC, be unable or unwilling to purchase
the Subject Property, the Subject Property to be immediately listed for sale
by a
third party realtor and sold to the highest bidder per Section 2c of the Settlement
Agreement.
c. Defendant. Francisco Martinez, to pay Plaintiff. Gerardo Salazar $1,487.50 for
fees and costs associated with the Motion t0 Enforce Settlement per Section 12. 12
ofthe Settlement Agreement. The funds to be deducted from Defendant’s share of
sale proceeds.
//
//
2
[WED] ORDER
Document Filed Date
August 29, 2023
Case Filing Date
February 01, 2022
Category
Other Real Property Unlimited
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V ORL3|NAL Cynthia Velasco, Esq. (SBN 306140) ‘2 GREENACRE LAW. LLP smamoa ccgutn'75r3mrom~ 700 Flower Street, Suite 1000 CguNgngSAryfofigmpéfio Los Angeles, CA 90017 Telephone(213) 785-3790 AUG 29 2023 Facsimile (909) 966-2950 cv@greenacre. law . OCmNQMhWN— BY mom rkg muzievuw Attorney for Plaintiff, Gerardo Salazar FAX SUPERIOR COURT OF THE STATE OF CALIFORNIA BY FOR THE COUNTY OF SAN BERNARDINO _. _. v—I GERARDO SALAZAR, an individual, Case No.2 CIVSBZZOO686 _. N Plaintiff, ._. DJ [PROPOSEBTORDER RE: MOTION TO ._. A vs. ENFORCE SETTLEMENT ._— U‘ FRANCISCO JAVIER MARTINEZ, an and DOES through 20, inclusive; individual; 1 Date: June 15. 2023 ON ..— Time: 8: 30 AM .— \l Defendants. Dept.: S-32 —- 00 —- 0 NO This motion of Plaintiff. Gerardo Salazar. an individual, (“Plaintiff“), for an order and N ~ entry ofjudgment enforcing the terms ofthe Settlement and Release Agreement and (“Settlement NN Agreement") executed by Plaintiff and Defendant. Francisco Javier Martinez, an individual N b) (“Defendant"). Plaintiff, on or around December 16, 2022 came on regularly before the Court Nh for hearing on ‘June 15, 2023 at 8:30 AM or as soon as thereafter. IQ UI The Court, having reviewed thc moving and opposing papers on Plaintiff s motion for 1. N0 order and entry ofjudgment enforcing the Settlement Agreement between Plaintiff and N \l Defendant in the instant action; and oral argument of counsel having been received by the Court. N 00 l {32090859} ORDER The Court finds, adjudges, and orders as follows: That the Motion of Plaintiffis GRANTED. That the parties entered into a valid, binding written agreement, the terms of which are OOOONONUIbDJNy— stated in the Settlement Agreement dated December l. 2023. and are formalized in a Settlement Agreement dated January 10, 2023. That moving pany has provided satisfactory evidence that Defendant has breached the Settlement Agreement and is therefore entitled to enforcement of the agreement pursuant to Code ofCivil Procedure Section 664.6. That the moving party has fully performed its obligations under the Settlement Agreement and is therefore entitled to enforcement of the agreement pursuant to Code of Civil Procedure Section 664.6. Judgement shall forthwith bc entered pursuant to the terms of the Settlement Agreement, —~—._.—_._—_._— as follows: OONOU'I-hDJN— a. The real property commonly known as 1030 West 7'“ Stret, San Bemardino, California 9241 1 (“Subject Property") to be sold to Renovate Properties, LLC for $250,000.00 per the February 28, 2003, Purchase Agreement that the Panics signed. l9 b. Should the buyer. Renovate Properties, LLC, be unable or unwilling to purchase the Subject Property, the Subject Property to be immediately listed for sale by a third party realtor and sold to the highest bidder per Section 2c of the Settlement Agreement. c. Defendant. Francisco Martinez, to pay Plaintiff. Gerardo Salazar $1,487.50 for fees and costs associated with the Motion t0 Enforce Settlement per Section 12. 12 ofthe Settlement Agreement. The funds to be deducted from Defendant’s share of sale proceeds. // // 2 [WED] ORDER