Judge: Jon R. Takasugi, Case: 19STCV40314, Date: 2024-06-26 Tentative Ruling

Case Number: 19STCV40314    Hearing Date: June 26, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for a judgment in favor of Plaintiffs and against Gonzales based on the terms of the Stipulation for Entry of Judgment between the parties is GRANTED.

           On 11/8/2019, Plaintiffs Cody and Natalie Hardcastle (collectively, Plaintiffs) filed suit against Side Bar at Oh Crab, A-1 Expedite, Inc., M&B Holdings, Inc., John Gonzalez, and Michele Gonzales, alleging: (1) breach of written and oral contract; (2) breach of written contract; (3) breach of oral contract; (4) fraudulent concealment; (5) negligent misrepresentation; (6) appointment of a receiver; (7) money had and received; (8) money lent; and (9) preliminary injunction.

           On 5/22/2024, Plaintiffs moved for a judgment in favor of them and against Defendant John Gonzales (Gonzales), based on the terms of a Stipulation for Entry of Judgment between the parties.

           The motion is unopposed.

Discussion

           On 10/27/2021, Plaintiffs and Gonzales settled this matter by way of a Stipulation to Enter (SEJ).

           The SEJ required Gonzales to make sixty (60) consecutive monthly payments of $ 1,295.30 beginning on December 1, 2021, and continuing on the first of each month until November 1, 2026, when a total of $ 77,718 was paid. (Id., ¶ 3.) Hardcastle would provide a Notice of Default and allow Gonzales ten (10) days to cure any missed payment. (Id.) A failure to cure a default entitles Hardcastle to a judgment against Gonzales in the sum of $ 77,718 less any payments already made. (Id.)

Repeated Notices of Default have been sent to Gonzales via his attorney. (Id, ¶ 4.) Through February 1, 2024, Gonzales typically cured the default. However, since then, Gonzales has failed to remit the monthly payment despite a Notice of Default being provided March 1, 2024 (for the February 1, 2024, payment) and April 1, 2024 (for the March payment). (Ibid.) More than ten days have passed with Gonzales failing to cure the default.

Gonzales has paid a total of $38,811.80 to Hardcastle. (Id., ¶ 9.) A balance of $38.906.20 is due and outstanding ($77,718 - $ 38,811.90). Per the SEJ, Hardcastle is also entitled to 10% on any default amount. Therefore, the total judgment amount should be $42,796.82.

After review of the SEJ and Plaintiffs’ documentation showing default, the Court finds that the relief sought should be granted. (See Motion, Exh. A; Stafford Decl.) The Court takes Gonzales’ failure to oppose as a concession on the merits.

Based on the foregoing, Plaintiff’s motion for a judgment in favor of Plaintiffs and against Gonzales based on the terms of the Stipulation for Entry of Judgment between the parties is granted.

It is so ordered.

Dated:  June    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.