Judge: Glenn R. Salter, Case: 21-1232284, Date: 2022-12-01 Tentative Ruling

Motion for Entry of Judgment

The unopposed motion of the plaintiff for entry of judgment against the defendants based on the defendants’ failure to comply with the terms of the settlement agreement is GRANTED as requested.

The court finds plaintiff’s request for $2,000 in attorney fees—a contractual right under the terms of the Settlement Agreement—to bring the motion for entry of judgment is proper.  It is so ordered.

Motion to Seal

The motion of the plaintiff to file the motion under seal is DENIED.

The rule is clear that the court may not seal a motion just because the parties so stipulate.  And yet that seems to be the primary basis for the request.

Moreover, there are no facts from which the court could make the findings required by the Rules of Court that would justify the sealing of the motion.  The reasons provided by the plaintiff are insufficient on their face.

Default Hearing

There is a default hearing scheduled for Tyler Banta.  The court will entertain the filing of a 585 packet in lieu of a hearing on the merits.

If the plaintiff wishes to put on the default case with live testimony, it will be handled at the end of the law and motion calendar.

Order to Show Cause

The Order to Show Cause re Dismissal of a settled case would appear to be moot.

Given a judgment will have been entered as to the settlement agreement, and a default judgment will have been entered as to Banta, a dismissal would not be appropriate.

Notice

The plaintiff shall give any required notice.