Judge: John J. Kralik, Case: 23BBCV03000, Date: 2025-06-13 Tentative Ruling

Case Number: 23BBCV03000    Hearing Date: June 13, 2025    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

Plaintiff Forwardline Financial, LLC (“Plaintiff”) alleges that Defendants Reed’s Automotive, Inc. (“RAI”) and John Williams (“Williams”) became indebted to Plaintiff in the amount of $51,056.85, including interest at 10% per year from May 3, 2023.  Plaintiff alleges that RAI entered into a written Loan and Security Agreement with Plaintiff on September 28, 2022 and that Williams entered into a guaranty agreement on the loan that same day.  (Compl., Ex. 1.)  However, Plaintiff alleges that RAI and Williams breached the loan agreement and guaranty, respectively, on May 3, 2023 by failing to remit payments to Plaintiff under the loan. 

The complaint, filed December 19, 2023, alleges causes of action for: (1) common counts; (2) common counts; (3) common counts; (4) breach of contract; and (5) breach of contract. 

B.     Relevant Background and Motion on Calendar

On November 18, 2024, a Notice of Settlement of Entire Case was filed. 

On April 15, 2025, Plaintiff filed a motion to vacate the dismissal under CCP § 664.6 and enter judgment pursuant to stipulation. 

On April 29, 2025, the Court held an OSC re: Dismissal (Settlement) and noted that no dismissal had been entered in the action.  The Court continued the OSC hearing to August 7, 2025. 

On May 15, 2025, Plaintiff filed an amended motion to vacate the settlement under CCP § 664.6 and enter judgment pursuant to CCP § 664.6.  The Court will consider this motion as the operative motion papers for this hearing date.

The Court is not in receipt of an opposition brief.

DISCUSSION

            Plaintiff moves for an order vacating the dismissal and entering judgment pursuant to the stipulation, relying on CCP § 664.6. 

            The Court notes that the action has not been dismissed.  The action is still active.  The OSC re: Dismissal (Settlement) is set for August 7, 2025. 

            The Stipulation for Entry of Judgment and Installment Payments and Dismissal of Action with Consent to Court Retaining Jurisdiction Pursuant to CCP § 664.6 and Court Order Thereon (“Stipulation”) is attached as Exhibit 1 to the motion.  The Stipulation provides that $28,000 shall be paid on or before October 28, 2024; and then $1,000 shall be paid on or before the 28^th of each and every consecutive month on or before November 28, 2024 through and including June 28, 2025, until the total sum of $36,000 is paid in full.  (Stipulation at ¶2.)  Upon payment of the $36,000 amount, Plaintiff will dismiss the action with prejudice.  (Id., ¶3.)  If Defendants default and fail to cure the default, they will be in breach of the Stipulation and Plaintiff may seek judgment of the settlement amount, less any payments paid, plus interest, costs, and attorney’s fees.  (Id., ¶¶3, 7-9.)  The Stipulation is signed by Plaintiff’s authorized agent (Molly Coleman), RAI’s authorized agent, and Williams (an individual).  (Id. at p.7.) 

Plaintiff’s counsel, Jon O. Blanda, states that Defendants have made payments totaling $32,000 and have failed to remit any further payments since February 26, 2025.  (Blanda Decl., ¶5.)  Mr. Blanda states that Plaintiff has emailed defense counsel but Defendants have failed to cure the default.  (Id., ¶5, Ex. 2.)  Plaintiff seeks a total judgment amount of $19,671.85.  (Id., ¶6.)  This was calculated by taking $19,056.85 (= $51,056.85 total - $32,000 paid amount), plus $435 for filing fees and $180 for service fees.  (Id.)   

Based on the terms of the Stipulation and Defendants’ default by failure to make further payments pursuant to the payment schedule, the Court finds there is substantive merit to granting the motion to enforce the Stipulation.  Thus, the motion to enter judgment pursuant to the Stipulation is granted.

CONCLUSION AND ORDER

Plaintiff Forwardline Financial, LLC’s motion to vacate the dismissal under CCP § 664.6 and enter judgment pursuant to stipulation is granted.  The proposed judgment lodged with the Court will be signed following the hearing on this matter.

Plaintiff shall provide notice of this order.

DATED: June 13, 2025                                                          ___________________________

                                                                                          Suzette Clover

                                                                                          Judge of the Superior Court