Judge: Christopher K. Lui, Case: 21STCV35485, Date: 2023-02-09 Tentative Ruling

Case Number: 21STCV35485    Hearing Date: February 9, 2023    Dept: 76

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motion addressed herein.  As required by Rule 3.1308(a)(2), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.  Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.  If notice of intention to appear is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling.

            Plaintiff argues that it was induced into leasing the subject property to Defendants based upon false representations regarding their financial situation.

Plaintiff moves for entry of judgment pursuant to CCP § 664.6.

TENTATIVE RULING

             The motion for entry of judgment is GRANTED, and the request for attorney’s fees is GRANTED in the reduced amount of $1,060.           

            The motion to continue this hearing currently set for March 16, 2023 is placed OFF-CALENDAR AS MOOT.

ANALYSIS

Motion For Judgment Pursuant to CCP § 664.6

Discussion

            Plaintiff seeks entry of judgment due to Defendants’ default of a settlement agreement entered into on October 27, 2022. A copy of the Settlement Agreement is attached to the Bral Declaration as Exh. 1.

Under paragraph 1 of the Agreement, the Defendants promised to pay Plaintiff the sum of $5,000,000.00 by October 31, 2022. Defendants also agreed to vacate the Property by December 10, 2022 as a material term of the Agreement. (Bral Declaration, paragraph 4; Exhibit “1” to Bral Declaration.) Defendants failed to pay to Plaintiff the sum of $5,000,000 by October 31, 2022 and Defendants also failed to vacate the Property and deliver possession of the Property to Plaintiff by December 10, 2022 as required by the Agreement. (Bral Declaration, ¶ 5.)  

The Agreement at paragraph 3 states that in the event of default of the terms of the Agreement by Defendants, Plaintiff shall be entitled to a money judgment in the amount of $20,000,000 and for possession of the Property. Defendants further waived their rights to a hearing for entry of judgment as a result of their default under the Agreement. (Bral Declaration, ¶ 6; Exhibit “1” to Bral Declaration.).  

Plaintiff seeks to recover $2,060.00 in attorneys’ fees and costs incurred in bringing this motion.

CCP § 664.6 provides in pertinent part: 

(a) If parties to pending litigation stipulate, in a writing signed by the parties outside of 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, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.

(b) For purposes of this section, a writing is signed by a party if it is signed by any of the following:

(1) The party.

(2) An attorney who represents the party.

. . .

(d) In addition to any available civil remedies, an attorney who signs a writing on behalf of a party pursuant to subdivision (b) without the party’s express authorization shall, absent good cause, be subject to professional discipline.

(Civ. Proc. Code § 664.6(a) & (b).)

Here, Defendants signed the Settlement Agreement attached as Exh. 1 to the Bral Declaration. As set forth in the Bral Declaration, Defendants have failed to perform their obligations under the terms of the Settlement Agreement by the agreed-upon deadlines. As such, Plaintiff is entitled to entry of judgment pursuant to ¶ 3 of the Settlement Agreement. (Civ. Proc. Code, § 664.6(a).)

            In lieu of filing an opposition, Defendants have filed a motion to continue this motion. However, Defendants, currently in pro per, had the opportunity to file an opposition explaining why they did not perform their obligations under the Settlement Agreement. Because they have failed to do so, the motion will be granted today.

            As for the attorneys’ fees request, ¶ 10 of the Settlement Agreement authorizes the recovery of attorney’s fees, costs and expenses incurred in “legal action . . . arising out of the terms, conditions and obligations imposed” by the Release. The request for attorney’s fees is GRANTED in the reduced amount of $1,060 for 2 hours at $500/hour, plus a $60 filing fee. (Declaration of Homan Mobasser, ¶¶ 3-4.)

             As such, the motion for entry of judgment is GRANTED, and the request for attorney’s fees is GRANTED in the reduced amount of $1,060.          

            The motion to continue this hearing currently set for March 16, 2023 is placed OFF-CALENDAR AS MOOT.