Judge Holly J. Fujie, Case 21STCV10921 2022-07-29 Tentative Ruling

The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

On February 4, 2022, Plaintiff and Defendant Pegasus Trucking, LLC (“Defendant”) entered into a settlement agreement (the “Settlement Agreement”) which was filed with the Court on February 16, 2022. Contemporaneously with entering into the Settlement Agreement, Plaintiff and Defendant executed a stipulation for entry of Judgment (the “Stipulation”). (Declaration of Stephany Yablow (“Yablow Decl.” ¶ 5, Exhibit A.) The Stipulation details terms for Defendant’s payment to Plaintiff and conditions under which Plaintiff is authorized to seek the entry of judgment against Defendant. (See id.) Because Defendant has defaulted on its payments pursuant to the Stipulation, Plaintiff filed a motion to enter judgment pursuant to the Stipulation in the amount of $152,879.78.

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. (CCP § 664.6.) If requested by the parties, the court may retain jurisdiction over the parties to enforce settlement until performance in full of the terms of the settlement. (Id.)

Plaintiff provides evidence that Defendant has defaulted on its payments to Plaintiff. (Yablow Decl. ¶ 8; Declaration of Aaron Kin (“Kin Decl.”) ¶¶ 12-14.) Plaintiff has also provided evidence that it is entitled to the attorney’s fees and costs associated with filing the Motion. Plaintiff seeks attorney’s fees in the amount of $2,100, which represents: (1) three hours preparing the Motion and accompanying papers; and (2) an anticipated three hours in connection with the Motion and court appearance at an hourly rate of $350 per hour. (Yablow Decl. ¶¶ 11-12.) Plaintiff has also incurred $78.60 in filing fees. (Yablow Decl. ¶ 13.)

As it is unopposed, the Court GRANTS the Motion. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) Judgment is to be entered against Defendant in the amount of $152,870.78. In addition, the Court awards Plaintiff attorney’s fees in the reasonable amount of $1,050, which represents three hours preparing the moving papers at a rate of $350 per hour and costs in the amount of $78.60.

In consideration of the current COVID-19 pandemic situation, the Court¿strongly¿encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.¿¿If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to¿SMC_DEPT56@lacourt.org¿stating your intention to appear in person.¿ The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.¿ This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Hon. Holly J. Fujie

Judge of the Superior Court