Judge: Brian F. Gasdia, Case: 25NWCV00554, Date: 2025-06-13 Tentative Ruling

Case Number: 25NWCV00554    Hearing Date: June 13, 2025    Dept: R

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S.I. DEVELOPMENT LLC v. ADJF HOLDINGS LLC

CASE NO.:  25NWCV00554

HEARING:  06/13/25

Plaintiff’s Unopposed Ex Parte Application for an Order Enforcing Stipulation for Judgment against Defendants S.I. DEVELOPMENT, LLC and ANDREW UNG is CONTINUED to Tuesday, June 17, 2025 at 9:30 a.m. in Dept. SE-R.

Moving Party to give notice.

PROCEDURAL HISTORY

This commercial unlawful detainer action was filed by Plaintiff S.I. DEVELOPMENT LLC (“Plaintiff”) against Defendants ADJF HOLDINGS LLC and ANDREW UNG (collectively “Defendants”). The Subject Property is located at 3383 East Gage Avenue, Huntington Park, CA 90255. (“Subject Property”)

On April 4, 2025, the parties filed an Unlawful Detainer Stipulated Judgment, and Judgment was entered in accordance with the terms of the Stipulated Judgment on that same date. The Stipulated Judgment states: “THE PARTIES STIPULATE (AGREE) AS FOLLOWS: 1. Judgment shall be entered in favor of plaintiff as named in the complaint and against the following defendants: ADJF Holdings LLC, Andrew Ung…. Plaintiff is awarded possession of the premises located at:… 3383 E. Gage Avenue Huntington Park, CA 90255…. 2. Judgment shall be entered for $126,00.00 Past Due Rent [and] $195,000.00 Holdover Damages…. 4. Judgment shall be entered: Now.” (04/04/25, Stip. Judgement). The Stipulated Judgment further states that “[i]n the event of a default which is not cured, plaintiff may apply ex parte to obtain writ and proceed with lockout. If defendant complies, plaintiff shall file stipulation to vacate judgment and file dismissal with prejudice to be prepared by Partiyeli.” (Id.)

MERITS

Plaintiff now moves to enforce the Stipulated Judgment; and secure a second Judgment for possession in favor of the Plaintiff; and for the record to be unsealed.

Request for Entry of a Second Judgment

Pursuant to CCP §664.6, “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….” (CCP §664.6.)

CCP §664.6 is inapplicable here because Judgment has already been entered.

Pursuant to the Unlawful Detainer Stipulation and Judgment filed on April 4, 2025, the Honorable Ann H. Park “adopt[ed] the Stipulation as the Judgment” and entered Judgment on that same date. (See 04/04/25, M.O.) All of the parties’ claims and defenses were conclusively resolved by entry of the April 4, 2025 Stipulated Judgment.  

“A judgment is the final determination of the rights of the parties in an action or proceeding.” (CCP §577.)

To date, the April 4, 2025 Judgment has not been vacated or set aside.

The request to enter a second Judgment in favor of Plaintiff and to unseal the record is DENIED.

Application for Writ of Possession

“Except as otherwise provided by statute: (a) A money judgment is enforceable as provided in Division 2 (commencing with Section 695.010.)… (c) A judgment for possession of real property is enforceable as provided in Chapter 3 (commencing with Section 715.010) of Division 3.” (CCP §681.010.)

“Except as otherwise provided by law, all property of the judgment debtor is subject to enforcement of a money judgment.” (CCP §695.010.)

“A judgment for possession of real property may be enforced by a writ of possession of real property issued pursuant to Section 712.010.” (CCP §715.010(a).)  

The Court is in receipt of Plaintiff’s Application for Writ of Possession (electronically received on April 11, 2025). As this Court stated in it’s Order of June 5, 2025: “The Court notes that another payment of $23,000.00 is due on June 15th. [¶] The Court indicates that if the Defendant does not pay the $123,000.00 by June 15th, the Court will issue the writ and lockout will occur forthwith.” (See 06/05/25, M.O.)

The Supplemental Declaration filed by Chris Neman, agent for Plaintiff/Moving Party, states that “[o]n May 28, 2025 [he] returned one of Defendant Andrew Ung’s phone calls…. [H]e stated he will not be paying the June 1 payment and will be moving out instead.” (Neman Decl., ¶4.)

If Defendant does not cure the June 1, 2025 payment, and make the additional $23,000.00 payment on or before June 15, 2025, as stipulated, this Court is inclined to grant the Motion to Enforce Judgment, and issue the Writ of Possession, which was electronically received on April 11, 2025.

CONCLUSION

This matter is CONTINUED once more to Tuesday, June 17, 2025 at 9:30 a.m. in Dept. SE-R. The parties may file supplemental declarations on or before June 16, 2025.