Judge: John J. Kralik, Case: 23BBCV01949, Date: 2024-04-26 Tentative Ruling
Case Number: 23BBCV01949 Hearing Date: April 26, 2024 Dept: NCB
North
Central District
|
pnm
properties, llc, Plaintiff, v. aaron’s
auto l.l.p. dba aaron’s parts & salvage, et
al., Defendants. |
Case No.:
23BBCV01949 Hearing Date: April 26, 2024 [TENTATIVE] order RE: MOtion for order staying execution |
BACKGROUND
A.
Allegations
On August 23, 2023, Plaintiff PNM
Properties, LLC (“Plaintiff”) files an unlawful detainer complaint against
Defendants Aaron’s Auto L.L.P. dba Aaron’s Parts & Salvage and Malcolm
Kirakosian. The property at issue is
located at 9403 Glenoaks Boulevard, Sun Valley, CA 91352. Plaintiff alleges that on January 1, 2007, it
entered into a 5-year 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 $362.87 per day from August 11, 2023.
On October 2, 2023, Plaintiff named HPO
Metal Recycling as Doe 1 and Mike Kirakosian as Doe 2.
B.
Relevant
Background and Motion on Calendar
On October 2, 2023, the default of
Defendants All in Possession was entered.
On October 12, 2023, Plaintiff dismissed
without prejudice Defendant Mike Kirakosian (Doe 2) only from the
complaint.
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 Aaron’s
Auto L.L.P. dba Aaron’s Parts & Salvage, Malcolm Kirakosian, and HPO Metal
Recycling (“Defendants”). Judgment was
entered as follows:
1.
Judgment for immediate possession of the premises located at 9403 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 p.2.)
On November 6, 2023, the Writ of
Possession of Real Property was entered.
On February 15, 2024, HPO Metal Recycling
(“HPO”) 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, HPO 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 HPO’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
HPO 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 April 26, 2024.
However, based on the February 20,
2024 hearing on the ex parte application, the Court advanced the hearing date
on the motion from April 26, 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 HPO
Metal Recycling’s 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: April 26, 2024 ___________________________
John
J. Kralik
Judge
of the Superior Court