Judge: Elaine W. Mandel, Case: 23SMCV05520, Date: 2024-05-09 Tentative Ruling

Case Number: 23SMCV05520    Hearing Date: May 9, 2024    Dept: P

Tentative Ruling

Freeman v. Lannes, case no. 23SMCV05520

Hearing 5/9/24

Plaintiff Freeman’s motion to set aside dismissal (CCP 664.4)

Plaintiff landlord sued defendant tenants for nonpayment of rent. The parties entered into a written stipulation on 12/21/23, with a CCP 664.4 clause allowing the court to retain jurisdiction if the settlement was breached. Exh. 1 to motion. The court’s order signed 12/28/23 is Exh. 2.

Per the Freeman decl., paras. 5-9, the settlement agreement was breached when defendants failed to make a $20,000 payment due by 1/5/24.

Plaintiff moves to set aside the dismissal and enter judgment (CCP 664.6). There is no opposition. The motion is GRANTED. The court will sign the proposed order.