Judge: Serena R. Murillo, Case: 22STCV33675, Date: 2023-09-13 Tentative Ruling
Case Number: 22STCV33675 Hearing Date: September 13, 2023 Dept: 31
TENTATIVE
Plaintiff’s Motion to Set Aside Dismissal and Enter Judgment is GRANTED.
Legal Standard
CCP section 664.6 provides
that “[i]f 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. 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.)
Discussion
Plaintiff
moves an order vacating the dismissal on February 14, 2023 and entering
judgment in favor of Plaintiff for possession of the Property, due to
Defendant’s noncompliance with the terms of the parties’ Unlawful Detainer Stipulation.
“[W]here the plaintiff has filed a voluntary dismissal of an action …,
the court is without jurisdiction to act further …, and any subsequent orders
of the court are simply void.” (Paniagua v. Orange County Fire Auth. (2007) 149
Cal.App.4th 83, 89, (internal quotes omitted).) The result is different where a
signed, written settlement agreement (or oral settlement before the court)
states the court retains jurisdiction to enforce the settlement because that
agreement could be enforced under C.C.P. § 664.6. (See Wackeen v. Malis
(2002) 97 Cal.App.4th 429, 439-440; Khavarian Enterprises, Inc. v. Commline,
Inc. (2013) 216 Cal.App.4th 310, 326—court had continuing jurisdiction to
consider attorney fees and costs motions after dismissal where settlement
agreement provided court retained jurisdiction to enforce agreement pursuant to
CCP § 664.6.))
C.C.P. § 664.6(a) states: “If requested by the parties, the court may
retain jurisdiction over the parties to enforce the settlement.” Counsel may
sign the request on behalf of their clients (C.C.P. § 664.6(b)(2) (added eff.
1/1/21)). The request should be made while the court still has jurisdiction. (Wackeen
v. Malis, supra, 97 CA4th at 433; see Sayta v. Chu (2017) 17
Cal.App.5th 960, 962.)
Here, the Court provided the following Order on February 14, 2023:
The
parties stipulate to the dismissal of this action with prejudice and asks that
the Court retain jurisdiction pursuant to CCP 664.4.
The Court
rules as follows:
Court
orders the entire case dismissed With Prejudice. Court retains jurisdiction to
make orders to enforce any and all terms of settlement, including judgment,
pursuant to Code of Civil Procedure section 664.6.
(2/14/2023 Minute Order.)
Pursuant to
paragraph 6 of the Stipulation, Defendant was to pay Plaintiff as follows:
$7,000 of the alleged past rent within 72 hours after the parties sign the
agreement; $5,000 per month until the alleged past
due rent is paid off. Once the alleged past due rent is paid off, Defendant
will continue to pay the recently increased rental amount of $2,595.
(Stipulation, ¶ 6.) The
Stipulation states that “upon default by the defendant(s) in the performance of
any of the obligations required by this stipulation” Plaintiff would be awarded
possession of the Premises. (Id., ¶¶ 1, 4.)
According to
Plaintiff, Defendant made the requisite payment following
execution of the Stipulation, as well as the payments for March, April and May
2023. (Goldman Decl., ¶ 3, Exh. 3.) However, Defendant failed to make the June
2023 payment as well as any subsequent payments. (Goldman Decl., ¶ 3.) Despite
being in breach of the Stipulation, Defendant remains in possession of the
Premises. (Goldman Decl., ¶ 4.)
Plaintiff seeks a Writ of Possession be issued for the Property.
Accordingly, as
Defendant has defaulted, Plaintiff is entitled to entry of such judgment under
the stipulation. As such, Plaintiff’s motion is granted.
Conclusion
Based on the foregoing, Plaintiff’s Motion to Set Aside Dismissal and
Enter Judgment is GRANTED.
Moving party is
ordered to give notice.