Judge: Mark H. Epstein, Case: 24SDMCV00137, Date: 2024-05-30 Tentative Ruling

Case Number: 24SDMCV00137    Hearing Date: May 30, 2024    Dept: I

The court is inclined to GRANT the motion and enforce the settlement.  The parties signed a stipulation for entry of judgment pursuant to Code of Civil Procedure section 664.6.  The stipulation provides that defendant will pay a sum certain to plaintiff, but defendant failed to do so.  Should that occur, the settlement provides that a judgment will be entered for the full amount owing at the time of default plus $5500 in additional attorneys’ fees and liquidated damages.  Therefore, judgment will be entered in the amount of $151,376.91 plus $5500 in attorneys’ fees plus $8803.68 for March rent.

The court does note, though, that there is no proof of service.  The court will need to be assured that the motion was properly served before the court can grant the motion.  If it was not served, then the motion will be DENIED WITHOUT PREJUDICE to being renewed upon proper service.  Assuming good service, plaintiff is to provide a form of judgment to the court within 10 court days.  Plaintiff should run the proposed judgment by defendant for approval as to form only before submitting it to the court.