Judge: Robert B. Broadbelt, Case: 22STCV26784, Date: 2024-02-01 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 22STCV26784    Hearing Date: February 1, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff LA Potosina Meats, Inc.      

RESPONDING PARTY:       Unopposed

Motion to Vacate Dismissal under Code of Civil Procedure Section 664.6 and Enter Judgment

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

DISCUSSION

Plaintiff LA Potosina Meats, Inc. (“Plaintiff”) moves the court for an order (1) vacating the dismissal of this action against defendants Eduardo Loza and Edith Gonzalez Lozano, individually and as partners of East LA Tacos (“Defendants”), ordered by the court on October 6, 2023, and (2) entering judgment in its favor and against Defendants pursuant to the parties’ stipulation.

The court grants Plaintiff’s motion to vacate the dismissal and enter judgment.  (Code Civ. Proc., § 664.6.)

Code of Civil Procedure section 664.6 provides, in relevant part, the following:¿ “If parties to pending litigation stipulate, in a writing signed by the parties outside 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.”¿ This statute “provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement.”¿ (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.)¿ “If the court determines that the parties entered into an enforceable settlement, it should grant the motion and enter a formal judgment pursuant to the terms of the settlement.”¿ (Ibid.)¿¿¿¿¿ 

In support of its motion, Plaintiff has filed a copy of the “Stipulation for Entry of Judgment and Installment Payments & Dismissal of Action with Consent to Court Retaining Jurisdiction Pursuant to C.C.P. § 664.6” (the “Stipulation”) entered into by Plaintiff, on the one hand, and Defendants, on the other hand, in July 2023.  (Blanda Decl., Ex. 1, Stipulation.) 

The Stipulation states that (1) Defendants agree to enter judgment in favor of Plaintiff and against Defendants in the amount of $49,800, plus costs, and 10 percent interest from the date of default; (2) no judgment shall be entered if Defendants pay the total amount of $49,000 by paying $500 on each consecutive week from July 14, 2023 through May 6, 2025; and (3) the parties agree that the court may retain jurisdiction to enforce the terms of the Stipulation pursuant to Code of Civil Procedure section 664.6.  (Blanda Decl., Ex. 1, Stipulation, ¶¶ 1-2, 4.)  The Stipulation further provides that, in the event of Defendants’ default, “Plaintiff shall be entitled to enter this Judgment in this matter” subject to Plaintiff providing Defendants notice of its intent to request that the court enter judgment.  (Blanda Decl., Ex. 1, Stipulation, ¶ 9.)  

Further, Plaintiff has presented evidence showing that (1) Defendants made payments in the total amount of $4,500 to Plaintiff; (2) Defendants have not made any further payments as of the date of September 19, 2023; (3) Plaintiff provided Defendants an opportunity to cure their default; and (4) Defendants did not cure their default.  (Blanda Decl., ¶¶ 3-4.) 

Thus, the court finds that Plaintiff has presented evidence establishing that the parties stipulated, in a writing signed by both Plaintiff and Defendants outside of the presence of the court, for the settlement of this action.  (Code Civ. Proc., § 664.6; Blanda Decl., Ex. 1, Stipulation.)  The court also finds that Defendants have defaulted under the terms of the Stipulation.  (Blanda Decl., ¶¶ 4-5.)  The court therefore grants Plaintiff’s request to enter judgment in its favor and against Defendants pursuant to the terms of the Stipulation, less the amounts already paid by Defendants and including $402.33 in interest.  (Code Civ. Proc., § 664.6; Hines, supra, 167 Cal.App.4th at p. 1182; Blanda Decl., ¶¶ 4-6; Blanda Decl., Ex. 3.)

ORDER

            The court grants plaintiff LA Potosina Meats, Inc.’s motion to vacate dismissal under Code of Civil Procedure section 664.6 and enter judgment.

            The court orders that the court’s October 6, 2023 order dismissing this action is vacated.

            The court orders that judgment shall be entered in favor of plaintiff LA Potosina Meats, Inc. and against defendants Eduardo Loza and Edith Gonzalez Lozano, individually and as partners of East LA Tacos, in the total amount of $44,902.33, consisting of (1) the amount of $49,000 provided by the “Stipulation for Entry of Judgment and Installment Payments & Dismissal of Action with Consent to Court Retaining Jurisdiction Pursuant to C.C.P. § 664.6” less the $4,500 already paid, and (2) $402.33 in interest. 

            The court will sign and file the proposed Judgment lodged by plaintiff LA Potosina Meats, Inc.

The court orders plaintiff LA Potosina Meats, Inc. to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 1, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court