Judge: Lee S. Arian, Case: 18STCV04181, Date: 2025-02-03 Tentative Ruling

Case Number: 18STCV04181    Hearing Date: February 3, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Background

On February 15, 2022, the Court entered judgment in favor of Plaintiffs Sajjad Takallou and Maryam Ghasemi against Defendant Elaine Munoz pursuant to Defendant’s Motion to Enforce Settlement. On March 30, 2022, Defendant served a Notice of Entry of Judgment.

Pursuant to the settlement agreement, Defendant issued three checks in the total settlement amount, payable to Plaintiffs and their counsel. However, due to expiration issues, the checks were repeatedly reissued and finally honored by the bank on November 18, 2024. Despite receiving full payment, Plaintiffs have refused to sign an Acknowledgment of Satisfaction of Judgment. Defendant now moves for an order entering satisfaction of judgment. Plaintiff does not oppose.

Legal Standard

Under California Code of Civil Procedure § 724.010(a), a money judgment may be satisfied by payment of the full amount required to satisfy the judgment or by acceptance of a lesser sum in full satisfaction of the judgment.

“When a money judgment is satisfied, the judgment debtor may apply to the court on noticed motion for an order requiring the judgment creditor or their assignee of record to comply with a demand for acknowledgment of satisfaction. The Court may either order the judgment creditor to comply with the demand or order the court clerk to enter a satisfaction of the judgment.” (CCP § 724.050).

Discussion

Defendant has met all statutory requirements under CCP §§ 724.010 and 724.050 for an order entering satisfaction of judgment.

First, the judgment was entered on February 15, 2022.

Second, Defendant has demonstrated that the full judgment amount has been paid. The originally issued settlement checks expired, but Defendant reissued them multiple times until the final set was honored by the bank on November 18, 2024.

Third, Defendant sent Plaintiff a demand to execute an Acknowledgment of Satisfaction of Judgment, and Plaintiff did not comply within 15 days of receipt of the demand, as required by CCP § 724.050(d).

Because Defendant has demonstrated full payment, proper notice, and Plaintiffs’ refusal to sign an acknowledgment, the Court should grant Defendant’s motion and order the entry of satisfaction of judgment.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.