Judge: Michael D. Washington, Case: 37-2023-00016491-CU-WT-NC, Date: 2024-06-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - June 13, 2024

06/14/2024  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael D Washington

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Civil - Unlimited  Wrongful Termination Motion Hearing (Civil) 37-2023-00016491-CU-WT-NC PACHO VS. JNT RESTORATION, LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Enforce Settlement, 05/24/2024

The Motion to Enforce Settlement Agreement brought by plaintiff Derek Pacho (Plaintiff) is DENIED for lack of proper notice.

A motion must be served 16 court days prior to the hearing date. (Code of Civil Procedure § 1005(b).) Where the service is electronic, notice must be sent two additional days prior to the hearing. (Code of Civil Procedure § 1010.6(a)(3).) The motion is set for hearing on June 14, 2024. Accounting for the Memorial Day Holiday, 16 court days prior to that date would be Wednesday, May 22, 2024. Two additional court days for electronic service would be Monday, May 20, 2024. The moving papers were filed on Friday, May 24, 2024, which is four days late.

Additionally, though the Court cannot presently reach the substance of the motion due to the procedural deficiencies referenced above, the Court has some concerns about granting the motion as unopposed due to the requested relief. First, the requested relief seems to seek entry of a stipulated judgment, but the terms of the settlement do not provide for entry of a stipulated judgment. Second, the requested relief seems to seek attorney fees for the entire litigation when the terms of the settlement only provide for attorney fees associated with the work to enforce the settlement. (ROA 50, Ex. 1, ¶¶ 3 and 26.) Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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