Judge: Maurice A. Leiter, Case: 23STCV02516, Date: 2024-01-02 Tentative Ruling

Case Number: 23STCV02516    Hearing Date: February 2, 2024    Dept: 54

Hearing Date: February 2, 2024

Department 54, Judge Maurice A. Leiter

Motion to Enforce Stipulation and Declare Defendants’ Rights Thereunder

Moving Party: Defendants Helen Pae and Moon B. Pae, Trustees of the 2021 Pae Family Trust dated February 15, 2021 and Sandra Pae, Real Party in Interest

Responding Party: Plaintiff Element436 Condominium Association

T/R:     THE MOTION TO ENFORCE STIPULATION IS DENIED AS MOOT.

THE REQUEST FOR ATTORNEY’S FEES IS DENIED.

DEFENDANTS 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.

Defendants move for an order enforcing the parties’ March 9, 2023 stipulation. The stipulation requires Plaintiff, the condominium association, to pay Celco Construction Services, Inc. to remediate water and mold damage in Defendants’ condominium unit. The Court tentatively granted this motion on January 2, 2024, but after argument continued the motion to February 2, 2024.

Plaintiff has filed an opposition to the motion showing that remediation was complete as of December 2023. Plaintiff asserts this motion was not necessary as the parties were in productive discussions to resolve the issues before the motion was filed and the remediation was complete before the date of the initial hearing on this motion.

As the remediation is complete, the motion is DENIED as moot. The Court declines to award attorney’s fees as the issues in the motion could have been resolved without Court intervention.