Judge: Mark H. Epstein, Case: 24SMCV00596, Date: 2025-03-05 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: 24SMCV00596    Hearing Date: March 5, 2025    Dept: I

This is an application to vacate a stipulated judgment.  The stipulated judgment was signed on November 12, 2024, and purports to resolve this unlawful detainer action.  It required the defendant to surrender possession by a date certain.  That date has come and now gone.  The defendant brings this application to vacate the stipulation claiming that he did not sign it and, presumably, he did not authorize anyone to do so on his behalf.

That is a very serious accusation.  Essentially, defendant is accusing plaintiffs of forgery, which is a felony.  Of course, if it is true—if plaintiffs forged defendant’s signature—that would be a good reason to vacate the stipulation.  If it is not true, however, then defendant has just committed perjury, which is also a felony.

The court will hear from the parties.  The court is likely to continue this matter for an evidentiary hearing to be held quickly.  The court notes that both parties were represented by counsel at the time of the stipulated judgment.  The court also notes that there was a notice of settlement filed by the plaintiff and served on the defense to which there was no objection.  At the next hearing, the court will order all parties and all counsel to be present personally in court.  The court will inquire of the parties and their counsel as to whether the stipulation is a forgery or not.  The court notes that defendant’s ex parte application was filed by defendant personally and without any indication that his counsel was involved.

The court is also concerned because there is no indication that the ex parte application was served on the plaintiffs.