Judge: Robert B. Broadbelt, Case: 23STCV09095, Date: 2025-03-26 Tentative Ruling

Case Number: 23STCV09095    Hearing Date: March 26, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Jonathan Neil & Associates, Inc.    

RESPONDING PARTY:       Unopposed

Motion to Set Aside Dismissal and for Entry of Judgment Pursuant to Stipulation

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

DISCUSSION

Plaintiff Jonathan Neil & Associates, Inc. (“Plaintiff”) filed this action against defendants Michael L. Luther D.D.S. Inc. and Michael L. Luther, a/k/a Michael Luther (“Defendants”) on April 24, 2023.

On July 17, 2023, Plaintiff filed a Notice of Settlement of Entire Case, notifying the court that the parties settled this action.  (July 17, 2023 Not. of Settlement, ¶ 1.)

On October 16, 2023, the parties filed a stipulation for entry of judgment, in which the parties stipulated that, as an alternative to having judgment entered, Defendants would pay the judgment amount as set forth therein.  (Oct. 16, 2023 Stip. & Order, ¶ 2.)  The court entered an order on the parties’ stipulation on October 20, 2023, in which the court (1) dismissed the action without prejudice, and (2) ordered that the court will retain jurisdiction while Defendants make payments in accordance with the terms of the parties’ stipulation.  (Oct. 20, 2023 Stip. & Order, Order, pp. 1-2.)

Plaintiff now moves the court for an order setting aside the dismissal of this action and entering judgment in its favor and against Defendants pursuant to the terms of the parties’ Stipulation for Entry of Judgment.

“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.”  (Code Civ. Proc., § 664.6, subd. (a).)  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.)¿¿

As set forth above, the parties in this action stipulated, in a writing signed by the parties outside the presence of the court, for the settlement of this case.  (Oct. 16, 2023 Stip. & Order, ¶¶ 1-2 and p. 8 [signature page]; Code Civ. Proc., § 664.64, subd. (a).)  Plaintiff has also presented evidence establishing that, although Defendants made certain payments, Defendants “failed to make the payment due in November 2024 and ha[ve] not made any payments since.”  (Minassian Decl., ¶ 5; Minassian Decl., Ex. 3 [chart of payments made].)  Thus, Plaintiff has shown that Defendants have defaulted under the terms of the parties’ stipulation.  Defendants have not filed opposition papers or other evidence disputing their default or establishing that they have since made all required payments.

The court therefore finds that Plaintiff is entitled to an order entering judgment in its favor and against Defendants pursuant to the terms of the parties’ Stipulation for Entry of Judgment.  (Code Civ. Proc., § 664.6, subd. (a).)  The court finds that Plaintiff has shown that it is entitled to judgment against Defendants in the total amount of $196,050, consisting of (1) the remaining $194,200 owed on the judgment, consisting of principal and interest and taking into consideration the payments made by Defendants, (2) a late notice fee of $350, and (3) attorney’s fees to obtain and enforce the judgment in the amount of $1,500.  (Minassian Decl., ¶ 10; Oct. 16, 2023 Stip. & Order, ¶¶ 1-2 [terms of judgment], 5 [providing for late notice fee of $350], 6 [allowing for recovery of attorney’s fees and costs in the amount of $1,500].)

ORDER

            The court grants plaintiff Jonathan Neil & Associates, Inc.’s motion to set aside dismissal and for entry of judgment pursuant to stipulation.

            Pursuant to Code of Civil Procedure section 664.6, the court orders that its October 20, 2023 order dismissing this action is set aside.

            Pursuant to Code of Civil Procedure section 664.6, the court orders that judgment shall be entered in favor of plaintiff Jonathan Neil & Associates, Inc. and against defendants Michael L. Luther D.D.S. Inc. and Michael L. Luther, a/k/a Michael Luther in the total amount of $196,050.

            The court orders plaintiff Jonathan Neil & Associates, Inc. to prepare, lodge, and serve a proposed judgment on Judicial Council Form JUD-100 within 10 days of the date of this order.

            The court sets an Order to Show Cause re entry of judgment for hearing on June 26, 2025, at 8:30 a.m., in Department 53.

            The court orders plaintiff Jonathan Neil & Associates, Inc. to give notice of this ruling.

IT IS SO ORDERED.

DATED:  March 26, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court