Judge Mark E. Windham, Case 20STLC02017 2023-04-19 Tentative Ruling

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Lepley, et al. v. Campbell, et al.

ENTER JUDGMENT PURSUANT TO STIPULATION
(CCP § 664.6)

Motion of Defendant Robert Campbell’s attorneys to Enforce Settlement and Order Dismissal of Action is CONTINUED TO JUNE 22, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Plaintiffs Stephen C. Lepley and Christine E. Lepley (“Plaintiffs”) filed the instant action for breach of lease agreement against Defendant Robert Campbell (“Defendant”) on March 2, 2020. Following Defendant’s failure to file a responsive pleading, the Court entered his default on April 21, 2020. The Court granted Defendant’s motion to vacate on August 12, 2020 and the Answer was filed on August 28, 2020.

On July 29, 2021, the Court denied Defendant’s motion for summary judgment, or in the alternative, summary adjudication. The parties then filed a Notice of Conditional Settlement on November 3, 2022. On November 8, 2022, the parties filed an Offer to Compromise and Acceptance under Code of Civil Procedure section 998.

On January 4, 2023, Plaintiffs filed a motion to substitute Defendant’s personal representative as Defendant in this action, following Defendant’s death. That motion is set to be heard on May 25 2023. Defendant’s attorneys filed the instant motion to enforce settlement on March 21, 2023. Plaintiffs filed an opposition on April 6, 2023 and Defendant’s attorneys replied on April 12, 2023.

The Court questions whether the instant motion can be properly brought by Defendant’s attorneys. The motion does not address what substitution is required under the law for relief to be sought on behalf of a deceased defendant. Instead, both parties skip this crucial fact in order to argue the merits of the motion. As noted above, there is a pending motion for substitution set for hearing on May 25, 2023. Therefore, the hearing on the instant motion to enforce settlement shall be continued until after the Court rules on Plaintiffs’ motion to substitute party for deceased defendant.

Motion of Defendant Robert Campbell’s attorneys to Enforce Settlement and Order Dismissal of Action is CONTINUED TO JUNE 22, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.