Judge: Holly J. Fujie, Case: 23STCV12263, Date: 2023-10-12 Tentative Ruling

Case Number: 23STCV12263    Hearing Date: October 12, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

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). 

BACKGROUND

            On May 31, 2023, Plaintiff filed a complaint (the “Complaint”) that alleges violation of Proposition 65. 

            On August 8, 2023, Plaintiff filed a motion to enter judgment (the “Motion”) on the grounds that Plaintiff and Defendant Lizard Skins, LLC (“Defendant”) have entered into a settlement agreement (the “Settlement”) and stipulated to have the Court enter judgment pursuant to the terms of the Settlement.[1]

DISCUSSION

Under CCP section 664.6, 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, subd. (a).)  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.)

In support of the Motion, Plaintiff provides evidence of the Settlement.  (See Declaration of Vineet Dubey (“Dubey Decl.”) ¶ 9, Exhibit 2.)  The Settlement includes a provision that provides for the Court’s authority to enter judgment and includes terms that satisfy the requirements of Health and Safety Code section 25249.7, subd. (f)(4).)

As it is unopposed, the Court GRANTS the Motion in its entirety.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) 

Moving party is ordered to give notice of this ruling.

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.

         Dated this 12tth day of October 2023