Judge Holly J. Fujie, Case BC622959 2022-12-28 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 June 6. 2016, Plaintiff filed a complaint (the “Complaint”) alleging subrogation. On October 14, 2022, Plaintiff filed a motion to vacate dismissal and enter judgment against Defendant Ricardo Jose Cordon (“Defendant”) (the “Motion”).

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.)

On March 21, 2017, Plaintiff and Defendant entered into a settlement agreement and stipulation for dismissal with reservation to vacate and enter judgment upon breach (the “Agreement”) which provides that judgment would not be entered against Defendant if Defendant made monthly settlement payments to Plaintiff. (Declaration of Harlan M. Reese (“Reese Decl.”) ¶ 2, Exhibit A.) On April 11, 2017, the Court dismissed the Complaint but retained jurisdiction pursuant to CCP section 664.6. (Reese Decl. ¶ 3.) Since that time, Defendant has made payments in the total amount of $12,470 but has defaulted on his monthly payments. (Reese Decl. ¶ 4.) After Defendant’s default, Plaintiff made several attempts to contact Defendant regarding the missed payments. (See Reese Decl. ¶ 5, Exhibit B.) In addition, Plaintiff incurred $60 in filing fees in connection to the Motion. (See Reese Decl. ¶ 7.)

As it is unopposed, the Court GRANTS the Motion. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) The dismissal is to be vacated and judgment in the amount of $5,090, which represents $17,500 minus Defendant’s payments of $12,470 and plus $60 in fees is to be entered against Defendant.

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