Judge: Salvatore Sirna, Case: 21PSCV00879, Date: 2024-05-13 Tentative Ruling

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Case Number: 21PSCV00879    Hearing Date: May 13, 2024    Dept: G

Plaintiff South Coast Air Quality Management District’s Motion for Entry of Stipulated Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff South Coast Air Quality Management District’s Motion for Entry of Stipulated Judgment is GRANTED.

BACKGROUND

This is an environmental enforcement action brought by the South Coast Air Quality Management District (South Coast AQMD). In December 2018, Defendants Ed Hassan Albadry and Aid Builders, Inc. (Aid Builders) were remodeling a classroom in Bellflower when an inspector for South Coast AQMD discovered multiple violations of asbestos regulations.

On October 27, 2021, South Coast AQMD filed a complaint against Albadry, Aid Builders, and Does 1-5, alleging the following causes of action: (1) violation of District Rule 1403(d)(1)(A), (2) violation of District Rule 1403(d)(1)(B), (3) violation of District Rule 1403(d)(1)(C)(ii)(I), (4) violation of District Rule 1403(d)(1)(C)(ii)(IV), (5) violation of District Rule 1403(d)(1)(D), (6) violation of District Rule 1403(d)(1)(E)(i), (7) violation of District Rule 1403(d)(1)(G), (8) violation of District Rule 1403(d)(1)(H), (9) violation of District Rule 1403(d)(1)(J), (10) violation of District Rule 1403(d)(1)(M), and (11) violation of District Rule 1403(i).

On October 10, 2023, the parties stipulated to the dismissal of South Coast AQMD’s enforcement action.

On February 28, 2024, South Coast AQMD filed the present motion. A hearing on the motion is set for May 13, 2024.

ANALYSIS

South Coast AQMD seeks to have judgment entered against Albadry and Aid Builders pursuant to the parties’ stipulation. For the following reasons, the Court GRANTS their motion.

Legal Standard

Code of Civil Procedure section 664.6 provides a summary procedure that enables courts to enforce a settlement agreement by entering a judgment pursuant to the terms of the parties’ settlement. In relevant part, it provides as follows:

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).)

A writing is considered signed if signed by the party or an attorney who represents the party. (Code Civ. Proc., § 664.6, subd. (b).)

Discussion

In this case, South Coast AQMD provides a copy of a written settlement agreement signed by Albadry and Aid Builders on September 7, 2023. (Chavez Decl., ¶ 5, Ex. A.) According to the agreement, Albadry and Aid Builders agreed to pay South Coast AQMD a total of $32,000 in monthly payments. (Chavez Decl., ¶ 6, Ex. A, ¶ 2.) If Albadry and Aid Builders defaulted on the payments, the agreement states the entire amount owed would become immediately payable as a court judgment. (Chavez Decl., Ex. A, ¶ 6.) South Coast AQMD alleges Albadry and Aid Builders stopped making monthly payments in November 2023 and now owe an outstanding amount of $24,000.00. (Chavez Decl., ¶ 10-11.) Thus, the Court finds South Coast AQMD has established the existence of a settlement agreement. Furthermore, the Court is not in receipt of any opposition from Albadry and Aid Builders.

Accordingly, South Coast AQMD’s motion is GRANTED.

CONCLUSION

Based on the foregoing, the Court GRANTS South Coast AQMD’s motion to enter judgment pursuant to their settlement agreement with Albadry and Aid Builders.