Judge: Elaine W. Mandel, Case: 23SMCV01684, Date: 2023-09-01 Tentative Ruling

Case Number: 23SMCV01684    Hearing Date: September 1, 2023    Dept: P

Tentative Ruling

IKP, LLC v. The Bunker Master Holdings LLC et al., Case No. 23SMCV01684

Hearing Date September 1, 2023

Plaintiff’s Ex Parte Application for Entry of Judgment Upon Default

The parties entered into a stipulated judgment June 20, 2023. Bunker Master Holdings LLC failed to make required payments. IKP moves for entry of judgment under Cal. Code of Civ. Proc. §664.6.

Because of its summary nature of §664.6, “strict compliance” with the requirements of the statute is required for the court to retain jurisdiction. Mesa RHF Partners, L.P. v. City of Los Angeles (2019) 33 Cal.App.5th 913, 917.

The stipulation does not include a request for the court to retain jurisdiction under §664.6. It does state “judgment shall be entered” if the court finds defendants skipped a required payment. Stipulation ¶6. The court will construe this as a request for retained jurisdiction. The stipulation permits ex parte request for entry of judgment. Stipulation ¶5. The indicates The Bunker breached the settlement agreement, so entry of judgment is proper. Crawford declaration ¶4.

GRANTED.