Judge: Mark A. Young, Case: 23SMCV04080, Date: 2024-07-03 Tentative Ruling

Case Number: 23SMCV04080    Hearing Date: July 3, 2024    Dept: M

CASE NAME:           Xenon Investment Corp., v. Hart

CASE NO.:                23SMCV04080

MOTION:                  Motion to Compel Release of Funds from Escrow

HEARING DATE:   7/3/2024

Analysis

Plaintiff Xenon Investment Group moves for an order “authorizing Xenon to withdraw funds from Escrow Number: [Redacted]03-SR in the amount of $21,200.” Xenon notices no authority for such an order or motion, beyond a generic citation to the court’s inherent powers. (CCP §128.) The Court interprets this as an improper motion for summary judgment or adjudication. Notably, the complaint requests this very relief: for an order directing Secured Trust Escrow to release the $31,500 deposited by Xenon back to Xenon as to the first cause of action for breach of contract. (Compl., ¶¶ 16, 23; Prayer.) Plaintiff thus seeks adjudication of a cause of action in their complaint upon a noticed motion. Plaintiff has met none of the procedural requirements for summary adjudication, such as observing the jurisdictional notice period or providing a separate statement. (CCP § 437c.)

Alternatively, the Court interprets this as an improper motion for enforcement of a settlement agreement. (CCP § 664.6.) Plaintiffs assert that a stipulated judgment already exists, but they have not moved for enforcement in the underlying action. Plaintiffs have otherwise not shown entitlement to judgment under a summary section 664.6 proceeding.

Accordingly, the motion is DENIED.