Judge: Salvatore Sirna, Case: 23PSCV00535, Date: 2024-03-28 Tentative Ruling

Case Number: 23PSCV00535    Hearing Date: March 28, 2024    Dept: G

Plaintiff Hong Jun Wang’s Ex Parte Application for Entry of Judgment Pursuant to Stipulation and Written Settlement Agreement

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Hong Jun Wang’s Ex Parte Application for Entry of Judgment Pursuant to Stipulation and Written Settlement Agreement is GRANTED.

BACKGROUND

On February 23, 2023, Plaintiff Hong Jun Wang filed a complaint against Defendants Junming Zeng, Tang Henry Yeh, Shaochi Chin, Southwestern Saint Paul University (SSPU), and Does 1-100, alleging the following causes of action: (1) fraud, (2) civil conspiracy, (3) negligent misrepresentation, (4) conversion, (5) unfair business practices, and (6) unjust enrichment.

On September 26, 2023, Wang, Zeng, and SSPU entered into a written settlement agreement that resolved Wang’s entire action.

On January 19, 2024, Wang submitted a request for entry of judgment pursuant to the parties’ settlement agreement. On March 7, Wang filed the present ex parte application.

A hearing on the present ex parte application is set for March 28, 2024, along with an OSC Re: Dismissal.

ANALYSIS

Wang moves for the entry of judgment pursuant to stipulation on the grounds that Zeng failed to make the required payments pursuant to the settlement agreement.

Pursuant to the stipulated settlement agreement, Zeng and SSPU agreed to pay $100,000 to Wang by January 1, 2024. (Gross Decl., Ex. A.) If Zeng and SSPU failed to do so, the agreement provided that Wang’s counsel would contact them by email with notice of their failure to pay. (Gross Decl., Ex. A, ¶ 2.) If Zeng and SSPU failed to make the payment within three business days from when the email notice was sent, Wang was entitled to file an ex parte application for the entry of judgment. (Gross Decl., Ex. A, ¶ 2.)

In a declaration, Wang’s counsel states Zeng failed to make the required payment. (Gross Decl., ¶ 4.) On January 2, 2024, Wang’s counsel emailed Zeng’s counsel a notice of default. (Gross Decl., ¶ 7.) Subsequently, Wang’s counsel states no response or payment has been provided. (Gross Decl., ¶ 8.) Because Zeng and SSPU failed to timely pay the agreed upon amount in the settlement agreement, Wang is entitled to the entry of judgment against them in the amount of $100,000. Wang also requests the court award costs in the amount of $660, including $435 in filing fees, $75 in process server fees, and $150 in jury fees.

Accordingly, Wang’s ex parte application is GRANTED.

CONCLUSION

Based on the foregoing, Wang’s ex parte application for the entry of judgment is GRANTED.  The court enters judgment for Plaintiff against Defendant in the amount of $101,320; $100,000 pursuant to the settlement agreement, $660 in costs, $435 in filing fees, $75 in process server fees, and $150 in jury fees.  Plaintiff to submit a judgment consistent with this ruling.