Superior Court of California 

County of Los Angeles – West District 

Beverly Hills Courthouse / Department 205 

 

 

 

BACKGROUND 

  This is a breach of commercial lease case.  Plaintiff Mississippi Creative Offices, LLC (“Landlord”) leased premises located at 11801 Mississippi Ave, First Floor, Los Angeles, California (the “Premises”) to Defendant Chicken Soup for the Soul Entertainment, Inc. (“Tenant”).  Tenant failed to pay rent and other amounts due under the Lease.  As a result, Landlord initiated an unlawful detainer action.   

On August 27, 2023, the parties voluntarily entered into a written settlement agreement, pursuant to Code Civ. Proc. § 664.6, titled “Unlawful Detainer Stipulated Judgment” (hereinafter “Stipulated Judgment.”)   (Ex. 1 to Tabibi Decl.)  The parties subsequently entered into three amendments to the Stipulated Judgment.  (Exs. 2-4 to Tabibi Decl.)   

Paragraphs 1 and 2 of the third amendment provided for payments of $5,591.53 and $58,664.68 on December 1, 2023 and January 1, 2024.  (Ex. 4 to Tabibi Decl.)  Tenant failed to make any such payments.   

This hearing is on Landlord’s motion for entry of judgment pursuant to stipulation.  Under the Stipulated Judgment, if Tenant breached its obligation to timely pay any of its monthly settlement payments, then Tenant agreed this Court may enter the Stipulated Judgment.            

DISCUSSION 

Code Civ. Proc. §664.6 provides that a court may upon motion, enter judgment pursuant to the terms of a signed, written settlement agreement between the parties.  The court retains jurisdiction over the parties to enforce the settlement until performance in full of its terms.  (Id.)  This statute provides an expedited procedure for enforcing a settlement, relieving the moving party from filing a new lawsuit to enforce the settlement agreement.  (Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1360.) 

A trial court retains jurisdiction to enforce a settlement under §664.6 where so requested by the parties in a signed settlement agreement.  (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1183.)  Here, the Stipulated Judgment and its amendments provide that the Court shall retain the jurisdiction to enforce and carry out the terms of the Stipulated Judgment pursuant to Code Civ. Proc. §664.6.  (Exs. 1-4 to Tabibi Decl.)   

Under the Stipulated Judgment, Landlord has the right to seek, by way of ex parte application to this Court, an immediate money judgment in the form of the Stipulated Judgment, if Tenant breaches any obligation of the Stipulation, including failure to timely pay any monthly settlement payment.  (Ex. 1 to Tabibi Decl.)  Tenant “consents to enter this judgment by any judge or commissioner of this court and further hereby waives any right to any post judgment motion or appeal, however [Tenant] shall have the right to contest any default/breach claimed by [Landlord]”.  (Id.)  Tenant reaffirmed these obligations in each and every amendment to the Stipulated Judgment.  (Exs. 2-4 to Tabibi Decl.)     

It is undisputed that Tenant failed to pay the monthly payments due in December 2023 and January 2024.  (Tabibi Decl. ¶¶ 11-12.)  Pursuant to the Stipulated Judgment and the second to fourth amendments, Landlord is entitled to (1) money judgment in the total amount of $2,475,856.24, (2) judgment for possession of the Premises and (3) termination of the lease agreement for the Premises.  (Exs. 1, 4 to Tabibi Decl.; Tabibi Decl. ¶ 15.)     

CONCLUSION 

Based on the foregoing, the Court GRANTS Plaintiff Mississippi Creative Offices, LLC’s motion for entry of judgment pursuant to stipulation.  The Court grants (1) money judgment in the total amount of $2,475,856.24, (2) possession of the Premises to Landlord, and (3) termination of the lease agreement for the Premises.   Plaintiff is to submit a new proposed judgment.   

 

IT IS SO ORDERED. 

 

DATED: February 20, 2024 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court