Judge: Thomas D. Long, Case: 22STCV08160, Date: 2025-06-12 Tentative Ruling
Case Number: 22STCV08160 Hearing Date: June 12, 2025 Dept: 48
SUPERIOR
COURT OF THE STATE OF CALIFORNIA
FOR THE
COUNTY OF LOS ANGELES - CENTRAL DISTRICT
PROMETHEUS MANAGEMENT, LLC, Plaintiff, vs. PINEAPPLE PARK, LLC, et al., Defendants. |
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[TENTATIVE] ORDER GRANTING MOTION TO ENFORCE
SETTLEMENT Dept. 48 8:30 a.m. June 12, 2025 |
Courts
may enter judgments pursuant to written settlements signed by the parties. (Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th
1421, 1428; Code Civ. Proc., § 664.6.) Strict
compliance with the statutory requirements is necessary before a court can enforce
a settlement agreement. (Sully-Miller
Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th
30, 37.) The party seeking to enforce a settlement
“must first establish the agreement at issue was set forth ‘in a writing signed
by the parties’ (§ 664.6) or was made orally before the court. [Citation.]”
(Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 304.)
Defendant
agreed to pay Plaintiff a total of $30,000.00, in the form of six monthly payments
of $5,000.00. (Kim Decl., Ex. 1, ¶ 3.) The settlement agreement states that the first
payment “shall be delivered by May 1, 2025,” and five subsequent monthly payments
“shall be delivered by the first of each consecutive month, beginning June 1, 2025,
and ending with final payment on October 1, 2025.” (Kim Decl., Ex. 1, ¶¶ 3.1.1, 3.12.) Defendant has not made any payments. (Kim Decl. ¶ 6.)
Plaintiff
seeks entry of judgment in the principal amount of $30,000.00, plus $345.24 in prejudgment
interest, $1,635.00 in contractual attorney fees for enforcing the settlement, and
$91.34 in costs. (See Kim Decl., Ex. 1, ¶
3.3.2 [attorney fees provision].)
The
unopposed motion to enforce settlement is GRANTED. Plaintiff is ordered to submit a proposed judgment
within five days.
A
Non-Appearance Case Review Re: Submission of Proposed Judgment is scheduled for
June 25, 2025 at 9:00 a.m.
Moving
party to give notice.
Parties
who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org
indicating intention to submit. If all parties
in the case submit on the tentative ruling, no appearances before the Court are
required unless a companion hearing (for example, a Case Management Conference)
is also on calendar.
Dated this 12th day of June 2025
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Hon. Thomas D. Long Judge of the Superior
Court |