Judge: Elaine Lu, Case: 19STCV35715, Date: 2022-08-22 Tentative Ruling
1. If you wish to submit on the tentative ruling,
please email the clerk at SMCdept26@lacourt.org (and “cc” all
other parties in the same email) no later than 7:30 am on
the day of the hearing, and please notify all other parties in advance that you
will not be appearing at the hearing. Include the word "SUBMISSION" in all caps in the
subject line and include your name, contact information, the case number, and
the party you represent in the body of the email. If you submit on the
tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the motion, and the Court may
decide not to adopt the tentative ruling.
2.
For any motion where no parties submit to the tentative ruling in
advance, and no parties appear at the motion hearing, the Court may elect to
either adopt the tentative ruling or take the motion off calendar, in its
discretion.
3. PLEASE DO NOT USE THIS
EMAIL (SMCdept26@lacourt.org) FOR ANY PURPOSE OTHER THAN TO SUBMIT TO A TENTATIVE
RULING. The Court will not read or
respond to emails sent to this address for any other purpose.
4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS. Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.
Case Number: 19STCV35715 Hearing Date: August 22, 2022 Dept: 26
There are two defects that Plaintiffs must correct before the Court may grant their motion for enforcement of settlement.
The (Second) Settlement Agreement into which the parties entered on or about March 1, 2022 does not bear the signature of Scott Oper. Accordingly, the Second Settlement Agreement may not be enforced against Scott Oper, and Scott Oper must be omitted from any judgment to be entered.
Second, Item 5(a) of the proposed judgment on form JUD–100 that Plaintiffs filed on August 10, 2022 references “continued on attachment 5a.” However, there is no attachment to the JUD–100.
Accordingly, Plaintiffs must file a new proposed judgment that includes the missing attachment 5a -- omitting Scott Oper -- for the Court to enter.
If Plaintiffs electronically file a new and corrected proposed Judgment on form JUD-100 addressing the defects identified above no later than 11:30 am on August 22, 2022, the Court will enter the corrected judgment on August 22, 2022. Otherwise, Plaintiffs' motion for enforcement of settlement will have to be continued to September 16, 2022 at 8:30 AM, and no later than August 26, 2022, and Plaintiffs will have to file and serve the new and corrected proposed Judgment on form JUD-100 addressing the defects identified above.