Judge: Peter A. Hernandez, Case: 22PSCV00920, Date: 2023-08-23 Tentative Ruling

Case Number: 22PSCV00920    Hearing Date: August 23, 2023    Dept: K

Plaintiff ROIC California, LLC’s Motion to Enforce Settlement is GRANTED.

Background   

Plaintiff ROIC California, LLC (“Plaintiff”) owns the premises located at 400 Auto Center Drive, Claremont, CA 91711 (“Premises”). On or about December 31, 2014, Plaintiff and Duc M. Dang dba Hanoi Kitchen’s (“Defendant”) predecessor in interest entered into a written lease agreement. The lease term was extended through June 30, 2025, effective July 1, 2022 pursuant to a Second Amendment to Lease. Defendant defaulted in his payment obligations.

On August 24, 2022, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1-10 for:

1.                  Unlawful Detainer

On September 22, 2022, Defendant’s and All Unknown Occupants’ defaults were entered.

On October 28, 2022, a “Declaration to Vacate Default Judgment; Order Thereon” was filed; that day, a “Stipulation for Entry of Judgment” was filed.

Legal Standard

“If parties to pending litigation stipulate, in a writing signed by the parties outside of 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. If requested by

the parties, the court may retain jurisdiction over the parties to enforce the settlement until

performance in full of the terms of the settlement.” (Code Civ. Proc., § 664.6, subd. (a).)

Discussion

Plaintiff moves the court for an order, per Code of Civil Procedure § 664.6, setting aside the dismissal, reopening the case and entering judgment in accordance with the terms of the parties’ settlement agreement.

On October 24, 2022, Plaintiff and Defendant executed a “Stipulation for Entry of Judgment” (“Stipulation”). (Stelzer Decl., ¶ 2, Exh. A.) Pursuant to the terms of the Stipulation, Defendant agreed to pay Plaintiff $26,176.68 in $2,000.00 installments beginning on November 1, 2022 and continuing on the 1^st of each month thereafter, until paid in full. (Id., ¶ 3)

Paragraph 4 of the Stipulation provides as follows:

In the event of default in the performance of this payment plan, including the

failure to pay accruing rental, Plaintiff’s counsel shall give Defendant 48 hour’s

email notice at ducmdang2000@yahoo.com of such default and opportunity to

cure. If Defendant does not cure the default, Plaintiff shall take judgment for

the Arrearages owed at point of default, additional attorney fees of $500.00 and

court costs of $170.00, judgment for Plaintiff for possession of the Premises, a

writ of possession for said Premises shall issue, and a lock-out shall be

conducted in accordance with California law, but without further notice or

right to a hearing on entry of such judgment.

Since the settlement was reached, Defendant has paid Plaintiff six payments in the amount of $2,000.00 for a total of $12,000.00. (Pease Decl., ¶ 6). On May 17, 2023, Plaintiff’s counsel Cynthia Stelzer emailed Defendant at ducmdang2000@yahoo.com, notifying him of the default and notice to cure. (Stelzer Decl., ¶ 3, Exh. B.)

Defendant has not cured the default. (Motion, 3:23-24). The motion, moreover, is unopposed.

The court grants Plaintiff’s motion.