Judge: Gary I. Micon, Case: 24CHCV00585, Date: 2024-06-07 Tentative Ruling

Case Number: 24CHCV00585    Hearing Date: June 7, 2024    Dept: F43

Dept. F43

Date: 6-7-24

Case #24CHCV00585, Xingxing Zhuo vs. Ashley Christine Booker, et al.

Trial Date: N/A

MOTION TO ENFORCE STIPULATED JUDGMENT

MOVING PARTY: Plaintiff Xingxing Zhuo

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

For the Court to enforce the stipulated judgment between the parties.

RULING: Motion is granted.

SUMMARY OF ACTION

This case involves an unlawful detainer. Plaintiff Xingxing Zhuo (Plaintiff) has filed a motion to enforce stipulated judgment pursuant to CCP § 664.6. Plaintiff filed this motion because Defendants Ashley Christine Booker and Christopher Devon Booker (Defendants) have not complied with the terms of a written settlement agreement made between the parties on March 12, 2024.

Pursuant to the terms of the parties’ agreement, Defendants were to vacate the premises by March 31, 2024, and pay a total sum of $18,000. By March 31, Defendants were still in occupancy of the premises and had failed to pay the $18,000. On April 4, 2024, Plaintiff sought immediate enforcement of the settlement terms, and the Court entered judgment on that day.

On April 12, 2024, Plaintiff filed this motion to enforce stipulated judgment and a proposed written judgment. The judgment was granted and entered on April 12. Plaintiff now seeks to enforce that judgment. No opposition has been filed.

ANALYSIS

CCP § 664.6 provides that “If parties to pending litigation stipulate, in a writing signed by the parties outside 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.”

When considering a CCP § 664.6 motion, “the trial court must determine whether the parties entered into a valid and binding settlement of all or part of the case. In making this determination, trial judges, in the sound exercise of their discretion, may receive oral testimony or may determine the motion upon declarations alone.” (Corkland v. Boscoe (1984) 156 Cal.App.3d 989, 994; Fiore v. Alvord (1985) 182 Cal.App.3d 561, 565.)

Plaintiff has made this motion pursuant to CCP § 664.6. The parties stipulated to the settlement of this case. The Court, by virtue of Plaintiff filing this motion, may enter judgment pursuant to the terms of the settlement agreement.

Plaintiff provided a declaration indicating that Defendant failed to comply with the terms of the settlement agreement. Therefore, it is appropriate for the Court to enforce the settlement and enter judgment pursuant to the terms of the settlement.

Plaintiff’s motion to enforce the stipulated judgment is granted. Judgement is entered against Defendants. Possession of the property is awarded to Plaintiff. Plaintiff is ordered to submit a proposed writ of possession.

Moving party to give notice.