Judge: Gary I. Micon, Case: 24CHCV00306, Date: 2025-04-24 Tentative Ruling
Case Number: 24CHCV00306 Hearing Date: April 24, 2025 Dept: F43
Dept. F43
Date: 04-24-25
Case # 24CHCV00306, Inxpress, LLC v. PB
& J Custom Graphics, LLC
Trial Date: None set.
MOTION TO SET ASIDE DISMISSAL
AND ENFORCE SETTLEMENT
MOVING PARTY: Plaintiff Inxpress, LLC
RESPONDING PARTY: No response has been filed.
RELIEF REQUESTED
Order setting aside dismissal of this case
and entering judgment pursuant to the parties’ stipulation.
RULING: Motion
is granted.
SUMMARY OF ACTION
On January 30, 2024, plaintiff Inxpress, LLC
filed this breach of contract action against defendant PB & J Custom
Graphics, LLC seeking $47,540.94 in damages.
In May 2024, the parties stipulated to
defendant paying the $47,540.94 under payment plan in exchange for plaintiff
not filing the stipulation with the court, not seeking judgment on the
stipulation, and dismissing defendant without prejudice. The parties reduced the stipulation to a writing,
and the court dismissed defendant without prejudice on October 8, 2024.
Defendant breached the agreement by
defaulting on the payment plan.
On February 24, 2025, plaintiff moved to set
aside defendant’s dismissal and for judgment pursuant to the stipulation. No opposition has been filed.
ANALYSIS
Plaintiff’s motion operates as a motion to
enforce a settlement agreement, and the court addresses it as such.
“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.” (Code Civ. Proc. § 664.6, subd.
(a).)
In determining a motion to enforce a settlement under
Code of Civil Procedure section 664.6, the court seeks to determine whether the
parties entered into a valid and binding settlement of all or part of the
case. (In re Marriage of Assemi
(1994) 7 Cal.4th 896, 905.) “To do so it
may receive oral testimony in addition to declarations. If the same judge presides over both the
settlement and the section 664.6 hearing, he may avail himself of the benefit
of his own recollection.” (Kohn v.
Jaymar-Ruby, Inc. (1994) 23 Cal.App.4th 1530, 1533.)
Plaintiff presents its attorney’s declaration, a copy
of the stipulated agreement, and copy of a notice of default. (Declaration of Rodolfo Gaba, Jr., Exhs. 1,
3.)
On May 8, 2024 and May 29, 2024, defendant and
plaintiff, respectively, signed the stipulated agreement. (Gaba Dec., Exh. 1, at pp. 4-5.) Under the agreement, plaintiff and defendant
agreed to have judgment entered against defendant if defendant failed to the
comply with the stipulation’s terms: paying plaintiff $47,540.94 according to a
payment plan. (Gaba Dec, ¶ 2.) Defendant agreed to pay the following
installments: (1) $1,000.00 no later
than April 20, 2024; (2) $1,000.00 per month in May and June 2024; (3)
$1,500.00 per month for three months beginning July 20, 2024; (4) $2,000.00 per
month beginning October 20, 2024 until the total sum of $47,540.94 was
paid. (Gaba Dec., ¶ 2.)
After the court dismissed the case, defendant
defaulted on the payment plan. (Gaba
Dec., ¶¶3, 5.) Defendant made a total of
$9,300.00 in payments. (Gaba Dec., ¶
7.) However, since November 20, 2024, defendant
has not made any payments. (Gaba Dec., ¶
5.) Plaintiff sent defendant a notice of
default on February 13, 2025. (Gaba
Dec., ¶ 6, Exh. 3.)
The stipulation states that if defendant defaults,
plaintiff would file the stipulation with the court and seek judgment against
defendant for $51,766.05, less credit for payments made, which includes a $47,540.94
principal; $1,874.88 in interest; $1,816.23 in attorney fees; and $534.00 in costs. (Gaba Dec., ¶ 2, Exh. 1, ¶ 2.)
Plaintiff has shown that defendant is in default and
seeks judgment in the principal amount of $47,540.94, interest of $1,874.88,
costs of $1,816.23, and attorney’s fees of $534.00, less $9,300.00 for payments
made to date. (Gaba Dec., ¶ 9.)
The court finds that plaintiff is entitled to a $42,466.05
judgment: $47,540.94 principal plus $1,874.88 in interest, $1,816.23 in costs, and
$534.00 in attorney’s fees, less $9,300.00 for payments made. (Gaba Dec., ¶ 9.)
Accordingly, the court orders enforcement of the
stipulated agreement and awards plaintiff a $42,466.05 judgment.
CONCLUSION
The court enters judgment against defendant PB & J
Custom Graphics, LLC in the amount of $42,466.05 and orders the following:
Plaintiff Inxpress, LLC to give notice.