Judge: Thomas D. Long, Case: 23STCV06530, Date: 2024-11-26 Tentative Ruling
Case Number: 23STCV06530 Hearing Date: November 26, 2024 Dept: 48
SUPERIOR
COURT OF THE STATE OF CALIFORNIA
FOR THE
COUNTY OF LOS ANGELES - CENTRAL DISTRICT
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TYAN BERNARD, Plaintiff, vs. DEREK WONG, et al., Defendants. |
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[TENTATIVE] ORDER DENYING MOTION TO ENFORCE
SETTLEMENT Dept. 48 8:30 a.m. November 26, 2024 |
On July 26, 2024, Plaintiff T’yan Bernard filed a Notice
of Settlement of Entire Case.
On August 9, 2024, the Court entered a
Stipulated Judgment in favor of Plaintiff and against Defendants Derek Wong and
Teagardin’s, in the amount of $23,250.00.
On October 28, 2024, Plaintiff filed a
motion to enforce the settlement. Plaintiff
contends that Defendants breached the settlement agreement by failing to satisfy
the stipulated judgment within 15 days of entry.
There is nothing additional for the Court
to enforce. Judgment has already been entered. The Court cannot enter a second judgment for the
same amount. Plaintiff’s remedy lies with
post-judgment enforcement proceedings, not a motion to enforce a settlement that
has already been rendered to a final judgment.
The
motion is DENIED.
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 26th day of November 2024
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Hon. Thomas D. Long Judge of the Superior
Court |