Judge: Carolyn M. Caietti, Case: 37-2018-00055819-CU-PO-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2018-00055819-CU-PO-CTL LARANANG VS BMN EQUITY GROUP LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant BMN Everlast Construction, Inc.'s unopposed Motion to Enforce Settlement is GRANTED.

On February 13, 2022, the Court ordered the entire action dismissed without prejudice having previously been notified the case had settled in its entirety. (ROA 411.) In this motion, Defendant BMN Everlast Construction, Inc. maintains the parties agreed Plaintiffs would file a request for dismissal with prejudice upon satisfaction of the parties' settlement agreement. (ROA 415 – Declaration of Alexandra Inman, at Ex. A.) The settlement is satisfied, but Plaintiffs refuse to file such dismissal with prejudice. (Inman Decl., at ¶¶ 5-8.) Further, the Court has authority to enforce the settlement agreement pursuant to C.C.P.

section 664.6. (Ex. A., at § 4.) Defendant served this motion on all parties and the motion is unopposed. (ROA 415.) The Court will exercise its authority under C.C.P. section 664.6 and dismiss the case with prejudice; however, Defendant must submit a stand-alone proposed order with all exhibits and information completed. The proposed order accompanying the motion does not include Exhibit A as referenced and includes blank spaces.

Defendant BMN Everlast Construction, Inc. is ordered to: (i) prepare and submit a judgment of dismissal with prejudice by December 12, 2023; and (ii) serve notice of this ruling by mail to all parties by December 12, 2023.

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