Judge: Teresa A. Beaudet, Case: 21STCV27371, Date: 2024-09-18 Tentative Ruling

Case Number: 21STCV27371    Hearing Date: September 18, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

Plaintiff Westlake Services, LLC dba Westlake Financial Services (“Plaintiff”) filed this action on July 26, 2021 against Defendants ACJC Enterprises, LLC dba Making It Happen Motors and Jennifer Bazemore aka Jennifer R. Bazemore aka Jennifer Rose Bazemore (collectively, “Defendants”). The Complaint alleges causes of action for (1) open book account, (2) account stated, (3) reasonable value, (4) breach of contract, and (5) breach of guarantee.

On August 1, 2023, a “Stipulation for Dismissal of Case Pursuant to C.C.P 664.6” was filed in this matter. The Stipulation provides, inter alia, that “IT IS HEREBY STIPULATED between Plaintiff, WESTLAKE SERVICES, LLC, a California limited liability company, dba WESTLAKE FINANCIAL SERVICES, and Defendants ACJC ENTERPRISES, LLC DBA MAKING IT HAPPEN MOTORS and JENNIFER BAZEMORE AKA JENNIFER R. BAZEMORE AKA JENNIFER ROSE BAZEMORE (hereinafter the ‘Parties’), that the above-referenced matter has been resolved in a mutually satisfactory manner.” The stipulation further provides that “IT IS FURTHER STIPULATED between the Parties that this action shall be dismissed without prejudice pursuant to C.C.P § 664.6, with the Court reserving its power to set aside the dismissal and ordering entry of judgment upon a showing of default in the specified terms of the Stipulation for Entry of Judgment executed by all parties to the within action.”

On August 1, 2023, the Court issued an Order providing, inter alia, that “IT IS HEREBY ORDERED THAT THIS MATTER IS DISMISSED WITHOUT PREJUDICE, WITH THE COURT RESERVING JURISDICTION TO SET ASIDE THE DISMISSAL AND ORDERING ENTRY OF JUDGMENT UPON A SHOWING OF DEFAULT IN THE SPECIFIED TERMS OF THE STIPULATION FOR ENTRY OF JUDGMENT. IT IS HEREBY FURTHER ORDERED THAT THE COURT RESERVES JURISDICTION TO ENTER A DISMISSAL WITH PREJUDICE FOLLOWING NOTICE FROM Plaintiff, WESTLAKE SERVICES, LLC, a California limited liability company, dba WESTLAKE FINANCIAL SERVICES…”

Plaintiff now moves “to enforce the Stipulation for Entry of Judgment entered into between Plaintiff and Defendants…pursuant to Code of Civil Procedure (CCP) § 664.6 and obtain reimbursement of its fees and costs incurred in connection therewith.” The motion is unopposed.

Discussion

“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).)

“Although a judge hearing a section 664.6 motion may receive evidence, determine disputed facts, and enter the terms of a settlement agreement as a judgment, nothing in section 664.6 authorizes a judge to create the material terms of a settlement, as opposed to deciding what terms the parties themselves have previously agreed upon.” ((Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810 [internal citations omitted, emphasis in original].)

In the motion, Plaintiff states that “[b]y this application, Plaintiff seeks to set aside the dismissal and enforce the written Stipulation for Entry of Judgment which was executed by Defendants on or about February 1, 2023.” (Mot. at p. 5:6-7.)

In his supporting declaration, Plaintiff’s counsel states that on February 1, 2023, Plaintiff and Defendants entered into a written Stipulation for Entry of Judgment, which is attached as Exhibit “1” to Plaintiff’s counsel’s declaration. (Frischer Decl., ¶ 2.) The Stipulation for Entry of Judgment provides, inter alia, as follows:

“…Defendants stipulate to the entry of judgment in the sum of $12,996.20, plus interest at the rate of 10% per annum from the date of default of December 20, 2019, together with attorney’s fees and costs in favor of Plaintiff and against Defendants. However, this Stipulation shall not be filed with the court and no judgment shall be entered pursuant thereto so long as the Defendants pay Plaintiff the sum of $14,500.00, in accordance with the payment schedule set forth hereinbelow, without default and failure to timely cure:

A) Defendants shall make twenty-nine (29) payments of $483.00 on the first (1^st) day of each month commencing on or before April 1, 2023 and continuing through August 1, 2025; and

B) Defendants shall make one (1) final payment of $493.00 on September 1, 2025.”

(Frischer Decl., ¶ 2, Ex. 1, p. 2.)  

In addition, the Stipulation for Entry of Judgment provides as follows:

“IT IS FURTHER STIPULATED AND AGREED that in the event Defendants should default in any payments when due, as hereinabove set forth, Plaintiff shall provide Defendants with a ten (10) day written notice of said default. Said notice shall be sent by email and regular mail to: Roy R. Stanley, Esq., Stanley Law Office…Plaintiff may, on the eleventh (11th) day immediately following said written notice of default, declare the then entire unpaid balance immediately due and payable, together with attorney’s fees incurred in the collection of said obligation if said default has not been cured. In such event, judgment shall be immediately entered in the sum of $12,996.20, plus interest at the rate of 10% per annum from the date of default of December 20, 2019, together with attorney’s fees and costs in favor of Plaintiff and against Defendants, less any sums received by Plaintiff from said Defendants pursuant to the terms of this Stipulation.” 

(Frischer Decl., ¶ 2, Ex. 1, pp. 2-3.)

The Stipulation for Entry of Judgment also provides that “IT IS FURTHER STIPULATED between the Parties that this Court retain jurisdiction over the parties hereto to enforce the settlement until performance in full of the terms of the settlement, in accordance with Code of Civil Procedure § 664.6.” (Frischer Decl., ¶ 2, Ex. 1, p. 4.)

In his supporting declaration, Plaintiff’s counsel states that “Defendants defaulted on the terms and conditions of the Stipulation by failing to make their payment which was due on December 1, 2023. To date Plaintiff has received payments in the sum of $3,885.00 from Defendants…” (Frischer Decl., ¶ 3.) Plaintiff’s counsel further indicates that “[o]n December 21, 2023, I sent to Defendants’ counsel, pursuant to the terms of the Stipulation a letter stating that unless the default was cured within 10 days, our office would have judgment entered against Defendants.” (Frischer Decl., ¶ 4, Ex. 3.) Plaintiff’s counsel states that “Defendants have failed to cure their default. No payment has been received to date and Defendants are now in arrears for 3 months.” (Frischer Decl., ¶ 5.)

As set forth above, the parties’ Stipulation for Entry of Judgment provides that “in the event Defendants should default in any payments when due, as hereinabove set forth, Plaintiff shall provide Defendants with a ten (10) day written notice of said default…Plaintiff may, on the eleventh (11th) day immediately following said written notice of default, declare the then entire unpaid balance immediately due and payable, together with attorney’s fees incurred in the collection of said obligation if said default has not been cured. In such event, judgment shall be immediately entered in the sum of $12,996.20, plus interest at the rate of 10% per annum from the date of default of December 20, 2019, together with attorney’s fees and costs in favor of Plaintiff and against Defendants, less any sums received by Plaintiff from said Defendants pursuant to the terms of this Stipulation.” (Frischer Decl., ¶ 2, Ex. 1, pp. 2-3.)

Plaintiff asserts that per this provision, Plaintiff is entitled to judgment against Defendants in the total amount of $21,015.57. Plaintiff seeks a principal sum of $12,996.20,

$6,173.04 in interest, $956.33 in costs, and $4,775.00 in attorneys’ fees, minus the $3,885.00 payment already made. (Mot. at p. 5:22-27; Frischer Decl., ¶ 8.) Plaintiff’s counsel states that “Plaintiff has incurred attorneys’ fees in this action in the sum of $4,775.00,” and that “Plaintiff has incurred costs in this action in the sum of $884.06.” (Frischer Decl., ¶¶ 6-7.) In addition, Plaintiff provides interest calculations. (Frischer Decl., ¶ 8.)

As discussed, pursuant to Code of Civil Procedure section 664.6, “[i]f 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).)

Based on the foregoing, the Court finds that Plaintiff has demonstrated grounds for the Court to enter judgment pursuant to the terms of the parties’ Stipulation for Entry of Judgment, specifically, the terms providing that in the event Defendants’ default, “judgment shall be immediately entered in the sum of $12,996.20, plus interest at the rate of 10% per annum from the date of default of December 20, 2019, together with attorney’s fees and costs in favor of Plaintiff and against Defendants, less any sums received by Plaintiff from said Defendants pursuant to the terms of this Stipulation.” (Frischer Decl., ¶ 2, Ex. 1, pp. 2-3.) As discussed, Plaintiff’s counsel states that “Defendants have failed to cure their default.” (Frischer Decl., ¶ 5.)

Defendants do not oppose the instant motion, and thus do not provide any evidence that they have cured their default. Defendants do not oppose Plaintiffs’ request to enforce the parties’ Stipulation for Entry of Judgment. 

Conclusion

Based on the foregoing, the Court grants Plaintiff’s motion to enforce the parties’ Stipulation for Entry of Judgment and to obtain reimbursement of Plaintiff’s fees and costs. The dismissal in this action is ordered set aside, and judgment will be entered in favor of Plaintiff and against Defendants in the total sum of $21,015.57. Plaintiff is ordered to file and serve a proposed JUD-100 within 10 days of the date of this Order.

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Plaintiff is ordered to provide notice of this Order. 

DATED:  September 18, 2024                       ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court