Judge: William A. Crowfoot, Case: 22AHCV01142, Date: 2023-04-19 Tentative Ruling

Case Number: 22AHCV01142    Hearing Date: April 19, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - northeast DISTRICT

This is an unlawful detainer action.  Plaintiff GDCV Pasadena 201, LLC (“Plaintiff”) moves for the entry of judgment against defendant IRR Ventures, LLC (“Defendant”) pursuant to a stipulation.  (Motion, Honafar Decl., Ex. B (“Settlement Agreement”).) 

“If 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.)  In hearing a section 664.6 motion, the trial court may receive evidence, determine disputed facts, and enter terms of a settlement agreement as a judgment.  (Bowers v. Raymond J. Lucia Companies, Inc. (2012) 206 Cal.App.4th 724, 732.)

Plaintiff attached a copy of the signed Settlement Agreement as Exhibit B to counsel’s declaration.  The stipulation is attached as Exhibit 1 to the Settlement Agreement.  The proposed judgment submitted by Plaintiff on March 23, 2023, outlines the terms set forth in the Settlement Agreement and comports with the proposed judgment attached as Exhibit 2 to the Settlement Agreement.  The proposed judgment consists of the principal sum of $147,442.49, $1,454.40 in prejudgment interest at the rate of $40.40 per day for 36 days (from March 15-April 19, 2023), and $2,686.65 for attorneys’ fees. 

Therefore, the Court enters judgment as requested in the total sum of $151,583.54.    

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Dated this 19th day of April 2023