Judge: Elaine Lu, Case: 21STCV13739, Date: 2023-05-10 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: 21STCV13739 Hearing Date: May 10, 2023 Dept: 26
21STCV13739
On April 3, 2023, Plaintiff represented to the Court
that there is a written, enforceable settlement agreement signed by Plaintiff and
by Defendant David Schuman. In light of the notice of partial settlement and
Plaintiff's representation in court on April 3, 2023 that there is a written
settlement agreement, the Court vacated the trial date.
If the parties wish for
the court to retain jurisdiction to enforce the parties' settlement pursuant to
Code of Civil Procedure section 664.6, the parties may file a stipulation
signed by all parties and proposed order requesting that the court retain
jurisdiction to enforce the parties' settlement pursuant to Code of Civil
Procedure 664.6 and to dismiss the action with the Court retaining
jurisdiction. The stipulation and proposed order must be filed prior
to dismissal and must comply with the requirements of Code
of Civil Procedure section 664.6.
OSC re dismissal is continued to June 30, 2023 at 8:30 am. There
shall be no further continuances of the OSC. Plaintiff's failure to
appear at the OSC re dismissal shall result in dismissal of the entire action.
If the parties have not yet filed a proposed stipulation and order in
conformity with Code of Civil
Procedure section 664.6 prior to the next OSC, Plaintiff is ordered to appear on 6/30/23 at
8:30 am and explain why Plaintiff has not filed such stipulation and proposed
order.
Plaintiff’s Request
for Entry of Default Judgment against RICHARD NIELSEN submitted on April 10,
2023 is denied without prejudice for the following reason: No
request for dismissal (Judicial Council Form No. CIV-110) has been filed for
all remaining named and unnamed defendants (including David Schuman and all
unnamed Doe defendants). Due to the one
judgment rule, Plaintiff must file a CIV-110 to dismiss David Schuman and all
unnamed Doe defendants before the Court will consider a new default judgment
package.
OSC re entry of default judgment against RICHARD NIELSEN is continued to
6/30/23 at 8:30 am.
Plaintiff to give notice to all parties who have appeared
in the action.