Judge: Frank M. Tavelman, Case: 23BBCV00059, Date: 2024-09-13 Tentative Ruling

Case Number: 23BBCV00059    Hearing Date: September 13, 2024    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT

NOTICE:

The Court is not requesting oral argument on this matter.  The Court is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested.  Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue.  The tentative ruling will become the ruling of the court if no argument is received.  

Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412.

ALLEGATIONS: 

ARF Financial, LLC (Plaintiff) brought this action against 311 W. Chicago Ave, LLC. dba Hush Chicago, Paul D. Alqas, Chase C. Meyer, & George A. Rizzo (collectively Defendants). Plaintiff alleged, among other things, that Defendants defaulted on a merchant credit loan issued by Plaintiff in the amount of $75,000.

On May 4, 2024, Plaintiff filed a notice of settlement. The Court read and considered the notice of settlement and thereafter set an OSC re: Dismissal for January 6, 2025. Jurisidction was retained pursuant to C.C.P. § 664.6.

On July 24, 2024, Plaintiff filed this Motion to Vacate the Notice of Settlement and Enter Judgment. Plaintiff asks that judgment be entered against Defendants pursuant to the terms of the agreement.

ANALYSIS: 

I.                    LEGAL STANDARD 

C.C.P. § 664.6(a) provides:

If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.

II.                 MERITS

Plaintiff has sufficiently demonstrated that the parties stipulated to the entry of judgment against Defendants in this matter in the event Defendants ceased making settlement payments. Plaintiff submits the declaration of its counsel, Angela Velen, to which a copy of the fully executed settlement agreement is attached. (See Velen Decl. Exh. 1.) The agreement contains a clear provision that, in the event of default, Plaintiff could seek the entry of judgment in this matter totaling the unpaid balance ($85,153.88) minus any pre-default payments. (Id. at ¶ 6.)

Plaintiff’s declaration states that Defendants made $52,400.00 in settlement payments but thereafter stopped making payments. (Velen Decl. ¶ 5.) Despite notice to Defendants of their default, Defendants remain in arrears. (Velen Decl. ¶ 6, Exh. 2.) Plaintiff states that the remaining balance for the stipulated settlement is $38,881.31. (Velen Decl. ¶ 9.)

Pursuant to the stipulation, judgment is to be entered in favor of Amex in the amount of $38,881.31. The court will sign Plaintiff’s proposed Order and enter the proposed Judgment.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

ORDER 

ARF Financial, LLC’s Motion to Vacate Dismissal and Enter Judgment came on regularly for hearing on September 13, 2024, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

THE MOTION TO ENTER JUDGMENT PURSUANT TO THE TERMS OF THE STIPULATED JUDGMENT IS GRANTED.

PLAINTIFF TO GIVE NOTICE.

IT IS SO ORDERED. 

DATE:  September 13, 2024                            _______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles