Judge: Lee W. Tsao, Case: 23NWCV02887, Date: 2024-11-22 Tentative Ruling

Case Number: 23NWCV02887    Hearing Date: November 22, 2024    Dept: C

East 38^th Street Investors, LLC v. New Crew Production Corp. 23NWCV02887

This action for commercial unlawful detainer was filed on September 12, 2023. On October 10, 2023, a Court-Ordered Dismissal was entered based on a conditional settlement entered into by the parties. On October 10, 2023, the Court entered an Order based on the Stipulation to Dismiss Case with the Court Retaining Jurisdiction Pursuant to CCP 664.6. The Order states: "IT IS HEREBY ORDERED AND DECREED that this case is dismissed without prejudice pursuant Code of Civil 664.6 with the Court retaining jurisdiction to enforce the settlement agreement and stipulation for judgment." (10/10/23 Order.) 

Plaintiff now moves ex parte to vacate the dismissal and enter judgment pursuant to stipulation. 

“If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (emphasis added.) (CCP. §664.6.)

The parties entered into a Stipulated Settlement and requested that this Court retain jurisdiction over the parties to enforce the terms of the settlement pursuant CCP 664.6. Plaintiff has attached a copy of the written agreement between the parties. (See Gore Decl., Ex. 2.) The parties also agreed that entry of judgment could be entered on an ex parte basis: "In the event TENANT PARTIES fail to pay all or any part of the amount...EAST 38^th shall have the right to file the attached STIPULATION FOR JUDGMENT and have judgment entered pursuant thereto on an ex parte basis for possession of the PROPERTY and in the amount of $102,500.00 plus any unpaid rent which accrues commencing November 1, 2023, through the end of the LEASE AGREEMENT on September 30, 2027, less payments made plus reasonable attorney's fees and costs incurred in entering and enforcing the stipulation/judgment." (Gore Decl., Ex. 2., par. 3.)

The Stipulated Settlement indicates that Defendant  agreed to make installment payments according to a detailed time-table agreed upon by the parties. Defendant defaulted under the payment plan set forth in the Agreement.  Defendant is in breach of the written settlement agreement entered into by the parties.

The unopposed Motion to Enforce the Settlement Agreement is GRANTED pursuant to CCP §664.6. The Dismissal is set aside. The Court will sign the Proposed Judgment submitted in conjunction with the Ex Parte Application. The Court notes that as of November 22, 2024, Defendants do not appear to be represented by counsel. "As a general rule, a corporation cannot represent itself in a court of record wither in propria persona or through an officer or agent who is not an attorney." (Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1102.)  Moving Party to give notice.