Judge: Lee W. Tsao, Case: 24NWCV00144, Date: 2024-05-22 Tentative Ruling

Case Number: 24NWCV00144    Hearing Date: May 22, 2024    Dept: C

BPP Pacific Industrial CA Reit Owner 1 LLC vs Overseas Food Distribution, LLC, Case No. 24NWCV00144

This is an unlawful detainer action. Plaintiff BPP Pacific Industrial CA REIT Owner 1 LLC moves ex parte for an order by the Court entering judgment in the favor of Plaintiff.

 Pursuant to CCP section 664.6: “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.”   “Section 664.6 was enacted to provide a summary procedure for specifically enforcing a settlement contract without the need for a new lawsuit.”  (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 809.)    

Plaintiff moves the Court to enforce the settlement and for possession of the Premises, and $191,181.67. Plaintiff contends Defendant remains in possession of the premises and is not making the payments as agreed upon.

Given that Defendant has not vacated the premises the Court finds that there is irreparable harm.

Here, Plaintiff contends that the parties have entered into a signed stipulation and Defendant has not upheld its end of the agreement. Under the Agreement, the terms state that “the parties stipulate and agree to reclassify this matter to unlimited jurisdiction or otherwise if necessary to enter the judgment referenced herein.” (Lawrence Decl., Ex. 1, ¶ 10.)

Plaintiff BPP Pacific Industrial CA REIT Owner 1 LLC’s Ex Parte Application to Enter Judgment is DENIED.  In the alternative, the Court specially sets a hearing for the Motion to Enforce the Stipulated Agreement on Wednesday, May 30, 2024 at 10:30 a.m. in Department SE-C. 

The ex parte application is deemed to be the moving papers.  Opposition is due May 24, 2024.  Reply is due May 28, 2024. 

Moving party to give notice.