Judge: James A. Mangione, Case: 37-2019-00012644-CU-BC-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2019-00012644-CU-BC-CTL JOSEPHSON WERDOWATZ & ASSOCIATES INC VS LATTIE MALANGA LIBERTINO LLP [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff's Motion for Judgment Based on Written Settlement is denied.

The parties do not dispute that there is a binding 'Mediation Agreement' ('Agreement') between them under which Defendants are obligated to pay Plaintiff a total of $275,000 in quarterly increments or that there is a remaining balance of $150,000. Instead, the parties disagree as to the remedy for the late payments made by Defendants. The Agreement states that '[s]hould Defendants miss 2 payments total, then [Plaintiff] will be entitled to enter a stipulated judgment for the full amount of the remaining balance of the settlement amount.' (ROA 99.) The Agreement also states that the terms of the stipulated judgment 'will be finalized and will include' several specific provisions. However, there is no dispute that a stipulated judgment was never completed.

Under the plain language of the Agreement, if Defendants miss two payments, then Plaintiff is entitled to enter a stipulated judgment. Because there is no stipulated judgment, the motion is denied.

All evidentiary objections are overruled.

The minute order is the order of the Court.

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