Judge: Mark H. Epstein, Case: 21SMCV01883, Date: 2024-11-13 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 21SMCV01883    Hearing Date: November 13, 2024    Dept: I

The court is inclined to GRANT the ex parte application, subject to hearing argument.  The parties entered into a stipulation by which the defense was to pay $1.1 million (mostly in installments).  According to plaintiff, nothing was actually paid.  Plaintiff seeks entry of a judgment for $1.1 million, plus interest at 10% per annum from the date the first payment was due.  The agreement has an acceleration provision and expressly provided that the court retained jurisdiction under CCP section 664.6.  The court sees no reason not to enter judgment.  The court will, however, inquire as to whether the full amount of $1.1 million is appropriate as against the individual or whether that amount ought to be $500,000.