Judge Bruce G. Iwasaki

Department 58

Hearing Date: December 4, 2024

Case Name: Archstone Toluca Hills LLC v. Foster

Case No.: 23STCV24199

Matter: Motion to Enforce Stipulation and Unseal Court Records

Moving Party: Plaintiff Archstone Toluca Hills LLC

Responding Party: None

Tentative Ruling: The Motion to Enforce Stipulation and Unseal the Court Records is granted.

This is a unlawful detainer action. Plaintiff Archstone Toluca Hills LLC filed a Complaint against Defendant Terivin Foster on October 2, 2023.

On February 7, 2024, Plaintiff and Defendant entered into an Unlawful Detainer Stipulation and Judgment that was entered by this Court that same day.

Plaintiff now moves for a court order enforcing the stipulation and unsealing the court record pursuant to its terms. No opposition was filed.

The motion is granted.

Discussion

Plaintiff moves for a court order enforcing the stipulation/judgment entered on February 7, 2024 and unsealing the court record pursuant to its terms. Specifically, Plaintiff argues that Defendant failed to comply with the terms of the stipulation by failing to vacate the premises on or before 5 pm on 03/31/2024 and by failing to make the monthly required payments of $500 by the 15th of each consecutive month starting 04/15/2024. In exchange for Defendant’s compliance with these terms, Plaintiff had agreed to keep this court record sealed.

Plaintiff now seeks to enforce this stipulation pursuant to Code of Civil Procedure section 664.6.

Section 664.6 provides a summary procedure by which a trial court may specifically enforce an agreement settling pending litigation without requiring the filing of a second lawsuit. (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 809.) That section provides in relevant part: “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.” (Code Civ. Proc., § 664.6 [emphasis added].)

Here, however, the matter was already reduced to a judgment and thus, Section 664.6 does not apply.

Rather, under Code of Civil Procedure section 128, subdivision (a)(4), “[e]very court shall have the power .... [¶] ... [¶] [t]o compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in an action or proceeding pending therein.” This statute has codified the principle of “[t]he inherent power of the trial court to exercise reasonable control over litigation before it, as well as the inherent and equitable power to achieve justice and prevent misuse of processes lawfully issued....” (Venice Canals Resident Home Owners Assn. v. Superior Court (1977) 72 Cal.App.3d 675, 679.)

Under this authority, the Court has the power to effectuate the judgment and enforce its terms. Based on the undisputed evidence that Defendant has not complied with its obligations under the Stipulated Judgment, the Court will enforce its terms and order the record unsealed.

Conclusion

The motion is granted and the Court orders the court record unsealed.