Judge: Mark A. Young, Case: 23SMCV00594, Date: 2024-02-15 Tentative Ruling

Case Number: 23SMCV00594    Hearing Date: February 15, 2024    Dept: M

CASE NAME:           Hermosa Capital Management Inc., v. Marina Caregivers Cooperative

CASE NO.:                23SMCV00594

MOTION:                  Motion for Stipulated Judgment

HEARING DATE:   2/15/2024

Legal Standard

            Under Code of Civil Procedure, section 664.6:¿ 

(a)¿If parties to pending litigation stipulate, in a writing signed by the parties outside¿of¿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.¿ 

(b) For purposes of this section, a writing is signed by a party if it is signed by any of the following:¿¿ 

(1) The party.¿¿ 

(2) An attorney who represents the party.¿¿ 

(3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer’s behalf.

Analysis

Plaintiff Hermosa Capital Management and Defendant Marina Caregivers

Cooperative move for entry of a Stipulated Judgment. The parties seek an order dismissing this action without prejudice, to be converted to a dismissal with prejudice on May 21, 2025, after Defendant has made its final payment to satisfy the Stipulated Judgment.

The parties demonstrate that they entered into a settlement agreement on September 24, 2023. (See Ex. 2.) Under the agreement, Defendant agreed to a $500,000.00 judgment, subject to certain set-offs. The parties’ representatives signed the settlement documents. The parties also request that the court retain jurisdiction to enforce the settlement until performance in full of the terms of the settlement. Thus, the parties demonstrate compliance with section 664.6.

Accordingly, the motion is GRANTED.  The matter is dismissed without prejudice with the Court retaining jurisdiction to enforce the terms of the settlement.  The dismissal without prejudice will be automatically converted to a dismissal with prejudice as of May 21, 2025, unless a motion is filed prior to that date requesting the dismissal vacated.

(1) enter judgment in favor of the Plaintiff Hermosa and against the Defendant Marina Caregivers, in the amount of $500,000 subject to any set off in for any amounts paid to Hermosa under the terms of the Settlement Agreement; (2) dismiss the case without prejudice to convert to prejudice on May 21 2025, unless a motion is filed before such date to vacate the dismissal; and (3) retain jurisdiction to enforce the Stipulated Judgment.  The parties shall separately file the proposed judgment, which the Court shall sign.