Judge: Robert B. Broadbelt, Case: 22STCV01197, Date: 2025-03-04 Tentative Ruling
Case Number: 22STCV01197 Hearing Date: March 4, 2025 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
53
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22STCV01197 |
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Hearing
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March
4, 2025 |
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[tentative]
Order RE: (1)
defendant’s
motion to enforce settlement and enter dismissal (2)
motion
to seal defendant’s motion to enforce settlement and enter dismissal |
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MOVING PARTY: Defendant Rio Hondo Subacute
and Nursing Center, LLC
RESPONDING PARTY: Unopposed
(1)
Motion
to Enforce Settlement and Enter Dismissal
(2)
Motion
to Seal Motion to Enforce Settlement and Enter Dismissal
The court
considered the moving papers filed in connection with each motion. No opposition papers were filed.
DISCUSSION
Now pending before the court
are two motions filed by defendant Rio Hondo Subacute Nursing Center, LLC
(“Defendant”): (1) Defendant’s motion to enforce settlement and enter
dismissal, and (2) Defendant’s motion to seal its motion to enforce settlement
and enter dismissal.
Defendant filed its motion to
enforce settlement and enter dismissal on January 16, 2025, for a hearing date
of July 23, 2025, moving for relief on the ground that plaintiff Nestor
Martinez (“Plaintiff”) has not fulfilled his obligations under the parties’ settlement
agreement. (Def. Mot to Enforce
Settlement, p. 2:2-8.) Thereafter, on
January 22, 2025, the court issued an order granting Defendant’s ex parte
application and advancing the hearing on this motion from July 23, 2025 to
March 4, 2025. (Jan. 22, 2025 Minute
Order, p. 1.) The court ordered
Defendant to give notice of its ruling.
(Ibid.; Jan. 22, 2025 Order Granting Defendant’s Ex Parte
Application to Specially Set Hearing on Motion to Enforce Settlement and
Dismiss, p. 2:12-13.)
Defendant did not file a
notice of ruling or proof of service of the notice of the court’s ruling. Thus, Defendant has not shown that it gave Plaintiff
and all other parties who have appeared in this action notice of the advanced
hearing date on its pending motion to enforce settlement and to dismiss this
action. Instead, it appears that
Plaintiff has only been given notice of the original July 23, 2025 hearing date
on this motion.
Based on the defect with
notice set forth above, the court finds that it is appropriate, and therefore
exercises its discretion, to continue the hearing on Defendant’s motion to enforce
settlement and enter dismissal in order to give Plaintiff an opportunity to
file an opposition to this motion, if desired.
The court further exercises
its discretion to continue the hearing on Defendant’s motion to seal its motion
to enforce settlement and enter dismissal so that the court may rule on those
matters at the same time.
ORDER
The court orders that the hearing on
defendant Rio Hondo Subacute Nursing
Center, LLC’s motion to enforce settlement and enter dismissal is continued to April
14, 2025, at 10:00 a.m., in Department 53.
The court orders that the hearing on
defendant Rio Hondo Subacute Nursing
Center, LLC’s motion to seal motion enforce settlement and enter dismissal is
continued to April 14, 2025, at 10:00 a.m., in Department 53.
The court orders defendant Rio Hondo Subacute Nursing Center,
LLC (1) to give notice of this ruling to plaintiff Nestor Martinez and
all other parties who have appeared in this action, and (2) to file a proof of
service of the notice of ruling with the court no later than March 14, 2025.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court