Judge: Daniel S Belsky, Case: 37-2019-00043085-PR-TR-CTL, Date: 2023-12-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

CENTRAL COURTHOUSE TENTATIVE RULINGS - December 13, 2023

12/14/2023  02:00:00 PM  504 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Daniel S. Belsky

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Probate  Trust Proceedings Motion Hearing (Probate) 37-2019-00043085-PR-TR-CTL THE DOLORES ROIZ OROZCO FAMILY TRUST DATED JANUARY 3RD, 2007 CAUSAL DOCUMENT/DATE FILED: Motion - Other, 10/31/2023

Pursuant to Superior Court of San Diego County, Local Rules, rule 4.23.7, the Court's tentative ruling is as follows: The unopposed Motion to Enforce Settlement Agreement filed by Russell Alexander Orozco (ROA 138) is CONTINUED to January 18, 2024, at 2 p.m. for proper service of the motion.

DISCUSSION On October 31, 2023, Russell Alexander Orozco ('Petitioner') filed the instant motion to enforce settlement. (ROA 138) Petitioner moves pursuant to CCP § 664.6 for entry of judgment against Charles Orozco ('Respondent') and in favor of Petitioners in the stipulated amount of $80,000, plus legal fees and expenses of $6,000. (ROA 138.) Petitioner argues that Respondent entered into a settlement agreement with Petitioners agreeing that judgment could be entered against him pursuant to CCP § 664.6 in the amount stated if Respondent failed to pay Petitioners this amount within 120 days of the settlement, or by November 2, 2022. Respondent has not made the required payment, and judgment must now be entered against him and in favor of Petitioners.

Here, the proof of service of the motion papers shows service by mail on Respondent only. (ROA 144.) The Court is not in receipt of any opposition from Respondent. There is no proof that Respondent's counsel of record, attorneys James Brown and Natalie Ortiz, were served with the motion. No substitution of attorney has been filed, and the Court has not granted any motions to be relieved as counsel relating to these attorneys. Thus, Attorneys Brown and Ortiz have not been relieved from representation and remain counsel of record for Respondent until effectively relieved.

Thus, the motion is CONTINUED to January 18, 2024, at 2 p.m. for Petitioner to serve Respondent's counsel of record and to file proof of the same.

Counsel for Petitioner is directed to serve notice of this ruling on all parties in accordance with the provisions of CCP § 1019.5(a).

IT IS SO ORDERED.

Calendar No.: Event ID:  TENTATIVE RULINGS

3049341