Judge: Elaine W. Mandel, Case: 22SMCV01526, Date: 2023-03-07 Tentative Ruling

Case Number: 22SMCV01526    Hearing Date: March 7, 2023    Dept: P

Tentative Ruling   

Cole Ranch, Inc. v. Charles Dickens et al.

Hearing Date March 7, 2023

Plaintiff’s Ex Parte Application to Enforce Stipulation for Entry of Judgment

Background

Defendants boarded their racehorses at plaintiff’s property. Plaintiff filed a lawsuit, alleging defendants failed to pay for livestock services. The parties settled. Plaintiff now alleges defendant failed to make required payments under the settlement, and moves for entry of judgment.

Analysis

Cal. Code of Civ. Proc. §664.6 provides that a court may retain jurisdiction to enforce a settlement if the settling parties stipulate to continued jurisdiction in a signed writing or orally before the court.

The settlement agreement between the parties includes a section providing for continued jurisdiction under §664.6. Cole declaration exhibit 1, pg. 3. The agreement also provides for entry of judgment via ex parte motion in the case of default. Id. ¶5. Plaintiff’s president presents a declaration stating defendants breached the settlement agreement by failing to pay any portion of the amount set forth in the settlement. Cole declaration ¶ 14. Considering this evidence, entry of judgment is appropriate.

GRANTED.