Judge: Elaine W. Mandel, Case: 21SMCV00290, Date: 2023-03-17 Tentative Ruling

Case Number: .21SMCV00290    Hearing Date: March 17, 2023    Dept: P

Tentative Ruling

Pacific Design Center 1, LLC v. Jean de Merry, Case No. 21SMCV00290

Hearing Date March 17, 2023

Plaintiff’s Ex Parte Application to Vacate Dismissal and for Entry of Judgment (UNOPPOSED)

The parties settled on July 1, 2022, agreeing to a stipulation for entry of judgment. Plaintiff Pacific Design Center alleges defendant breached by failing to pay rent in December 2022 and January-February 2023. Pursuant to the stipulation and Cal. Code of Civ. Proc. §664.6, Plaintiff seeks ex party entry of judgment.

Under Cal. Code of Civ. Proc. §664.6, settling parties may stipulate for the court to retain jurisdiction to enforce the settlement if the stipulation is signed by both parties or entered orally before the court. The stipulation includes §664.6 language and is signed by both parties. Exhibit A ¶14. The stipulation allows ex parte enforcement upon default. Id. ¶7. Pacific’s attorney provides a declaration stating de Merry defaulted by failing to make required payments. Alkana decl. ¶5. Considering this evidence, entry of judgment under the stipulation is appropriate. GRANTED.