Judge: Armen Tamzarian, Case: 21STCV33005, Date: 2023-03-10 Tentative Ruling
Case Number: 21STCV33005 Hearing Date: March 10, 2023 Dept: 52
Non-Appearance Case Review Re: Entry
of Judgment
On
February 24, 2023, plaintiff Consolidated Electrical Distributors, Inc.
submitted a stipulation and proposed judgment against defendants Solarna, LLC,
Sebastian Molina, and Aaron Panigel. “If
parties to pending litigation stipulate, in a writing signed by the parties
outside the presence of the court... for settlement of the case, or part
thereof, the court, upon motion, may enter judgment pursuant to the terms of
the settlement.” (CCP § 664.6(a).)
The
court cannot enter the proposed judgment now.
Code of Civil Procedure section 664.6(a) provides for entering judgment
pursuant to a stipulation “upon motion.”
Plaintiff submitted the stipulation and proposed judgment but did not
file a noticed motion. Moreover,
plaintiff did not file proof of service of this stipulation (which was signed
in 2021) and proposed judgment on defendants.
Defendants are entitled to notice and an opportunity to be heard before
the court enters judgment.
Plaintiff
also did not substantiate its request for $6,500 in attorney fees. The parties’ stipulation provides for “attorneys’
fees and costs incurred in connection with collection of the sums owed to CED
by said Defendants, including the costs and fees associated with the filing and
enforcing of the Judgment.” (Stip., p.
2.)
Local
Rule 3.214(a) provides: “When a promissory note, contract, or statute provides
for the recovery of reasonable attorneys’ fees, the following schedule will
apply to the amount of the new judgment unless otherwise determined by the
court. [¶¶] Contested case (unless
otherwise determined by the court): [¶¶] $50,000.01 to $100,000, $3,270 plus 4%
of the excess over $50,000.”
The
court has no basis to determine the reasonable attorney fees plaintiff
incurred. Absent a motion for attorney
fees or the parties’ stipulation to an amount of fees, the court will only
award fees pursuant to the schedule under Local Rule 3.214(a). For the proposed judgment of $55,835.15, the
schedule provides for $3,503.41 in attorney fees.
Before
the court can enter this proposed stipulated judgment, plaintiff Consolidated
Electrical Distributors, Inc. must file a noticed motion for entry of judgment
and for attorney fees.