Judge Peter A. Hernandez, Case Number: 19STCV21535, Date: 2024-05-22 Tentative Ruling

Plaintiff Guifeng Zhang’s Motion for Entry of Judgment to Enforce Settlement is DENIED without prejudice.

On or about July 8, 2018, Plaintiff Guifeng Zhang (“Zhang”) underwent a cosmetic surgical facelift procedure performed by Joseph Dinglasan, M.D. (“Dinglasan”). Zhang alleges that the procedure was not properly performed, that the operating facility was not properly sanitized and equipped, and that her stitches were not removed by medical personnel.

On June 20, 2019, Zhang filed a complaint, asserting a cause of action against Defendants Ebenezer Medical Clinic, Dinglasan and Does 1-100 for:

On July 22, 2019, Eben Ezer DB Inc. (“Eben Ezer”) and Dinglasan filed a cross-complaint against Zhang and Roes 1-100, asserting causes of action for:

On October 24, 2019, this action was transferred from the personal injury hub (Department 3) to this department.

On November 21, 2019, the court sustained Zhang’s demurrer to the cross-complaint, without leave to amend.

On May 22, 2023, a “Joint Stipulation and Request for the Court to Retain Jurisdiction Pursuant to California Code of Civil Procedure Section 664.6; Order Thereon” was entered.

Plaintiff moves the court for an order, per Code of Civil Procedure § 664.6, enforcing the settlement and entering judgment in accordance with the terms of the settlement. Plaintiff also requests $960.00 in attorneys’ fees and costs.

The motion is denied without prejudice, due to the notice deficiency identified above. Additionally, page 4 of Exhibit B appears to be missing from the copy of the motion filed with the court; any future filing must include a full and complete copy of the Agreement.

[1] The proof of service accompanying the motion filed April 3, 2024 reflects that the motion was mail-served to Garrett Skelly (“Skelly”) only at “709 Bowcreek Drive Diamond Bar CA 91765” (“Bowcreek Drive Address”). The court notes that the “Settlement Agreement and Release in Full of All Claims and Rights” (“Agreement”) was executed as of March 20, 2023. (Shambaugh Decl., ¶ 4, Exh. B.) The “Joint Stipulation and Request for the Court to Retain Jurisdiction Pursuant to California Code of Civil Proc Section 664/6. Order Thereon” (“Stipulation/Order”) was entered May 22, 2023; however, it had been executed by the settling parties and their counsel in March 2023. On April 24, 2023 (i.e., between the time the Agreement and Stipulation/Order was executed by the settling parties and the time the Stipulation/Order was entered), a “Substitution of Attorney” was filed, wherein Skelly substituted out as Dinglasan’s counsel of record and Dinglasan became self-represented. Dinglasan’s address in the “Substitution of Attorney” is listed as the Bowcreek Drive Address and Skelly’s address is listed therein as “160 Centennial Way Ste 21 Tustin CA 92780;” while the motion appears to have been sent to the correct address, it was not listed to the appropriate addressee.