Judge: John J. Kralik, Case: 23BBCV01948, Date: 2024-05-03 Tentative Ruling
Case Number: 23BBCV01948 Hearing Date: May 3, 2024 Dept: NCB
North
Central District
|
pnm
properties, llc, Plaintiff, v. artyun
aladjian, individually and dba J&H Auto wrecking, et
al., Defendants. |
Case No.:
23BBCV01948 Hearing Date: May 3, 2024 [TENTATIVE] order RE: MOtion for order staying execution |
BACKGROUND
A.
Allegations
On August 23, 2023, Plaintiff PNM
Properties, LLC (“Plaintiff”) filed an unlawful detainer complaint against
Defendants Artyun Aladjian, individually and dba J&H Auto Wrecking, and all
in possession. The property at issue is
located at 9415 Glenoaks Boulevard, Sun Valley, CA 91352. Plaintiff alleges that on April 1, 2006, it
entered into a 5-year term tenancy pursuant to a written agreement with
Defendants. Plaintiff served a 30-day
notice to quit on Defendants, such that the expiration of the notice was set
for August 10, 2023. Plaintiff seeks
possession of the premises, costs incurred in this proceeding, reasonable
attorney’s fees, and damages at the rate of $149.40 per day from August 11,
2023.
On October 2, 2023, Plaintiff named E&Z
Auto Truck Diesel Parts as Doe 1.
B.
Relevant
Background and Motion on Calendar
On October 2,
2023, the default of Defendant All in Possession was entered.
On October 30,
2023, the Judgment Pursuant to Stipulation for Entry of Judgment in Favor of
Plaintiff against Defendants was entered between Plaintiff and Defendants Artyun
Aladjian, individually and dba J&H Auto Wrecking and E&Z Auto Truck
Diesel Parts (“Defendants”). Judgment
was entered as follows:
1. Judgment for immediate possession of the premises located at
9415 Glenoaks Boulevard, Sun Valley, California 91352, in the County of Los
Angeles (“Premises”) is hereby entered in favor of Plaintiff and against
Defendants.
2. Any lease agreement, rental agreement or any other agreement
for use or occupancy of the Premises is hereby forfeited.
3. Proof having been made to the satisfaction of the Court,
Plaintiff is also granted judgment as to all unnamed tenants, pursuant to
California Code of Civil Procedure §415.46.
4. Plaintiff shall be entitled to reasonable attorney’s fees and
costs incurred in connection with any enforcement and/or collection of the
Judgment or writ issued thereunder.
5. The Court hereby orders Plaintiff and Defendants to comply with
the terms of the stipulation, and the clerk is directed to enter this judgment.
(10/30/23
Stipulated Judgment at pp. 1-2.)
On November 6, 2023, the Writ of
Possession of Real Property was entered.
On February 15, 2024, E&Z Auto Truck
Diesel Parts (“E&Z”) filed an application for ex parte order staying
execution and for order shortening time for service of motion to set aside
stipulated judgment pursuant to CCP § 473(b)(d), CCP 1179, and CCP 918. That same day, E&Z filed a motion to stay
the execution of the writ, set aside the stipulated judgment, to quash any writ
of possession/execution, and allow the Defendant’s answer to be filed.
On February 20, 2024, Plaintiff filed an
opposition brief to the ex parte application.
On February 20, 2024, the Court held a
hearing on the ex parte application and scheduled the motion to be heard on
February 26, 2024. The Court ordered a
stay of execution of the judgment through February 26, 2024 and ordered all
oppositions to be submitted before February 23, 2024.
On February 26, 2024, the Court held a
hearing on the motion to set aside/vacate the judgment. The Court denied E&Z’s motion to stay the
execution of writ, set aside the stipulated judgment, to quash any writ of
possession/execution, and allow the defendant to answer.
DISCUSSION
E&Z filed a motion to stay the execution
of writ, set aside the stipulated judgment, to quash any writ of
possession/execution, and allow the defendants to answer on February 15, 2024.
The motion was set initially set for
hearing on May 3, 2024.
However, based on the February 20,
2024 hearing on the ex parte application, the Court advanced the hearing date
on the motion from May 3, 2024 to February 26, 2024.
The motion was heard on February 26,
2024 and was denied by the Court.
As this motion was already ruled
upon, the hearing on this motion will be taken off-calendar.
CONCLUSION AND ORDER
Defendant E&Z Auto
Truck Diesel Parts’ motion to stay the execution of writ, set aside the
stipulated judgment, to quash any writ of possession/execution, and allow the
defendant’s answer is taken off-calendar as the Court already denied on the
motion on February 26, 2024.
Defendant shall
provide notice of this order.
DATED: May 3, 2024 ___________________________
John
J. Kralik
Judge
of the Superior Court