Judge: Cynthia A Freeland, Case: 37-2022-00049853-CU-CO-NC, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - May 23, 2024

05/24/2024  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Contract - Other Motion Hearing (Civil) 37-2022-00049853-CU-CO-NC SERNA VS. FCA US LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Enforce Settlement, 04/25/2024

Plaintiff Ana Serna ('Plaintiff')'s motion to enforce settlement agreement is denied without prejudice.

On April 25, 2024, Plaintiff filed the pending motion with an initial hearing date of August 2, 2024. See ROA No. 31. The next day, Plaintiff brought an ex parte application for an order shortening time for a hearing on the motion. See ROA No. 36. On April 30, 2024, the court granted Plaintiff's ex parte application, advanced the hearing on the motion to May 24, 2024, and ordered Plaintiff's counsel to serve an amended notice of hearing in a timely manner. See ROA Nos. 43, 44. As of the date this ruling was prepared, however, there is no evidence that Plaintiff's counsel served Defendant FCA US LLC ('Defendant') with an amended notice of hearing as directed by the court. The court cannot conclude that the foregoing was not prejudicial given that Defendant has not filed an opposition to the motion.

Consequently, the court must deny the motion.

In light of the foregoing, the court denies Plaintiff's motion to enforce settlement agreement without prejudice.

This is the tentative ruling for the hearing at 1:30 p.m. on Friday, May 24, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of May 24, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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