Judge: Maurice A. Leiter, Case: 22STCV01203, Date: 2023-03-17 Tentative Ruling

Case Number: 22STCV01203    Hearing Date: March 17, 2023    Dept: 54

Hearing Date: March 17, 2023

Department 54, Judge Maurice A. Leiter

Motion to Enforce Settlement

Moving Party: Plaintiff 740 South Broadway Associates, LLC

Responding Party: Defendant Chol Enterprises, Inc.

T/R:     PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT IS CONTINUED TO MAY 19, 2023 AT 9:00 AM.

THE PARTIES ARE ORDERED TO MEET AND CONFER REGARDING A REALISTIC, MUTUALLY AGREEABLE REPAIR AND RENOVATION SCHEDULE.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

The Court considers the moving papers, opposition, and reply.

“If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.”  (CCP § 664.6.) 

            Plaintiff moves for an order enforcing the settlement entered on April 7, 2022. Plaintiff asserts the settlement required Defendant make certain repairs and renovations to the property Defendant rents from Plaintiff within 30-90 days of execution of the settlement. Plaintiff represents that Defendant has failed to make the required repairs. In opposition, Defendant says it has been working diligently and in good faith to make the repairs, and any delays have been out of Defendant’s control or were caused by Plaintiff. Defendant also argues that Plaintiff did not raise the issue of timeliness until November 18, 2022, long after the deadlines had passed.

            Court-ordered enforcement of the settlement is premature. Plaintiff has been dilatory in enforcement and Defendant has been working in good faith to comply with the agreement. And repairs and renovations requiring permits recently have run into delays caused in part by the pandemic. The parties are ordered to meet and confer in good faith regarding a realistic, mutually agreeable repair and renovation schedule.

            The motion to enforce settlement is CONTINUED to Friday May 19, 2023 at 9:00am.