Judge: Armen Tamzarian, Case: 21STCV46833, Date: 2024-05-21 Tentative Ruling

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Case Number: 21STCV46833    Hearing Date: May 21, 2024    Dept: 52

Plaintiff Mani Brothers Nine Thousand (DE), LLC’s Motion to Vacate Dismissal, Reinstate Case, and Enter Judgment Pursuant to Stipulation

            Plaintiff Mani Brothers Nine Thousand (DE), LLC moves to vacate the dismissal of this action and enter judgment against defendants Knock Out Creative, Inc. and Kristi Kilday pursuant to the parties’ stipulation.  Code of Civil Procedure section 664.6(a) provides, “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.”

Plaintiff meets the requirements of Code of Civil Procedure section 664.6.  The parties stipulated in writing to settle this action.  They signed a settlement agreement in November 2022.  (Rosenbaum Decl., ¶ 4, Ex. 1.)  The agreement provides the parties stipulate to enter judgment of $250,000.  (Id., § 2.3.)  The parties stipulated, “Through October 1, 2022, there is over $230,000.00 in unpaid rent after credit for [defendants’] security deposit of $20,000.00.”  (Id., recital E.)  The agreement required defendants to pay $7,500 by October 31, 2022, and 36 monthly payments of $3,500, for a “discounted amount of $133,500.”  (Id., § 2.4.)  It further provides, “In the event” defendants do not make the required payments, plaintiff “shall have the right to file the attached STIPULATION and have judgment entered.”  (Id., § 3.1.) 

The separate stipulation for judgment provides, “1. The [defendants] agree to pay [plaintiff] $250,000.00 representing the stipulated balance due as is more fully set forth in the parties’ settlement agreement…  2. The [defendants] agree that a judgment may be rendered against them, jointly and severally, in the amount of $250,000.00 plus interest, costs, and reasonable attorney’s fees which accrue, less credit for payments tendered by the [defendants] in accordance with the Agreement.”  (Rosenbaum Decl., Ex. 2, pp. 1-2.)

Plaintiff establishes defendants did not make the required payments.  Plaintiff’s counsel states, “Defendants paid the $7,500.00 due on October 31, 2022, and the $3,500.00 payments due on December 1, 2022, through February 1, 2023 (for a total of $18,000.00),” followed by another $10,500 “in September, October, and November, 2023.”  (Rosenbaum Decl., ¶ 8.)  Defendants “then stopped making payments.”  (Ibid.) 

Defendants defaulted under the agreement.  Plaintiff is entitled to entry of judgment for $250,000, minus $28,500 in credit for payments by defendants, plus attorney fees and costs incurred making this motion.  The court finds plaintiff reasonably incurred $1,100 in attorney fees and $60 in costs for this motion.

Disposition

            Plaintiff Mani Brothers Nine Thousand (DE), LLC’s motion to vacate dismissal, reinstate case, and enter judgment pursuant to stipulation is granted.  The court hereby vacates the dismissal of this action entered on November 8, 2022.  The court will sign the proposed judgment plaintiff submitted on April 12, 2024, and enter judgment for plaintiff in the amount of $222,660.