Judge: Theresa M. Traber, Case: 19STCV18917, Date: 2023-08-25 Tentative Ruling

Case Number: 19STCV18917    Hearing Date: January 17, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     January 17, 2024                   JUDGMENT: December 18, 2023

CASE:                         City of Los Angeles v. Lance Jay Robbins Paloma Partnership

CASE NO.:                 19STCV18917           

MOTION FOR STAY OF ENFORCEMENT OF JUDGMENT

MOVING PARTY:               Defendant Lance Jay Robbins Paloma Partnership

RESPONDING PARTY(S): Plaintiff City of Los Angeles

CASE HISTORY:

·         05/31/19: Complaint filed.

·         10/08/19: First Amended Complaint filed.

·         12/18/23: Judgment entered.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            The City of Los Angeles alleged that Defendant owes transient occupancy taxes totaling $1,349,359.74, including penalties and interest. 

Defendant moves for a stay of enforcement of the judgment under Code of Civil Procedure section 918.

TENTATIVE RULING:

Defendant moves for a stay of enforcement of the judgment under Code of Civil Procedure section 918.

Code of Civil Procedure section 918 provides:

(a)   Subject to subdivision (b), the trial court may stay the enforcement of any judgment or order.

(b)   If the enforcement of the judgment or order would be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period which extends for more than 10 days beyond the last date on which a notice of appeal could be filed.

(c)   This section applies whether or not an appeal will be taken from the judgment or order and whether or not a notice of appeal has been filed.

(Code Civ. Proc. § 918.)

            Defendant requests a stay of enforcement of the judgment until February 26, 2024, 10 days after the deadline to file a notice of appeal in this matter. Defendant contends, without evidence, that a stay is necessary to permit it to make the requisite arrangements to secure funds to post an undertaking required for a stay pending appeal. (Code Civ. Proc. § 917(a).) Plaintiff purports to object to the request as inadequately justified. It also states, however that, although it has recorded an abstract of judgment, it will be taking no further action against Defendant before February 26, 2024. Thus, there appears to be no actual dispute between the parties: Defendant seeks a stay of enforcement until February 26, 2024, and Plaintiff avers that it will take no further steps to enforce the judgment until that date. Thus, it appears to the Court that there is no good reason to deny the brief stay requested.

CONCLUSION:

            Accordingly, Defendant’s Motion for Stay of Enforcement of Judgment is GRANTED.

            The Court orders the Judgment STAYED until February 26, 2024. Plaintiff is ordered to refrain from taking any further action to enforce the judgment beyond the abstract of judgment already recorded until February 26, 2024.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated: January 17, 2024                                 ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.