This case was last updated from Los Angeles County Superior Courts on 06/03/2019 at 10:42:00 (UTC).

ALICE YICK VS SHAWN HOLMAN

Case Summary

On 08/10/2017 ALICE YICK filed a Contract - Other Contract lawsuit against SHAWN HOLMAN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is VALERIE SALKIN. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1023

  • Filing Date:

    08/10/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

VALERIE SALKIN

 

Party Details

Plaintiff

YICK ALICE

Defendant

HOLMAN SHAWN

Attorney/Law Firm Details

Plaintiff Attorney

FLANAGAN MICHAEL GERARD

Attorney at Debt Enforcement Law Group

32932 Pch #14-384,

Dana Point, CA 92629

 

Court Documents

Minute Order - (Order to Show Cause - Failure to File Proof of Service)

2/14/2018: Minute Order - (Order to Show Cause - Failure to File Proof of Service)

Certificate of Mailing for - Minute Order (Order to Show Cause - Failure to File Proof of Service) of 02/14/2018

2/14/2018: Certificate of Mailing for - Minute Order (Order to Show Cause - Failure to File Proof of Service) of 02/14/2018

Request for Entry of Default / Judgment

3/15/2018: Request for Entry of Default / Judgment

Minute Order - (Order to Show Cause re: re: Dismissal for Failure to Appear)

3/22/2018: Minute Order - (Order to Show Cause re: re: Dismissal for Failure to Appear)

Request for Entry of Default / Judgment

3/22/2018: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

4/24/2018: Notice of Rejection Default/Clerk's Judgment

Minute Order - (Order to Show Cause Re: Entry of Default Judgment/Dismissal)

9/27/2018: Minute Order - (Order to Show Cause Re: Entry of Default Judgment/Dismissal)

Proof of Personal Service - Proof of Personal Service

10/25/2018: Proof of Personal Service - Proof of Personal Service

Certificate of Mailing for - Certificate of Mailing for Minute Order (Order to Show Cause Re: Dismissal (Settlement)) of 03/26/2019

3/26/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Order to Show Cause Re: Dismissal (Settlement)) of 03/26/2019

Certificate of Mailing for - Minute Order (Trial Setting Conference) of 01/09/2018

1/9/2018: Certificate of Mailing for - Minute Order (Trial Setting Conference) of 01/09/2018

Minute Order - (Trial Setting Conference)

1/9/2018: Minute Order - (Trial Setting Conference)

Minute Order - (Court Order-Designation-Transfer of Non-Collection Hub Case)

9/14/2017: Minute Order - (Court Order-Designation-Transfer of Non-Collection Hub Case)

Certificate of Mailing for - Minute Order (Court Order-Designation-Transfer of Non-Collection Hub Case) of 09/14/2017

9/14/2017: Certificate of Mailing for - Minute Order (Court Order-Designation-Transfer of Non-Collection Hub Case) of 09/14/2017

Summons - on Complaint

8/10/2017: Summons - on Complaint

Civil Case Cover Sheet

8/10/2017: Civil Case Cover Sheet

Complaint

8/10/2017: Complaint

Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)

8/10/2017: Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)

Notice of Case Assignment - Limited Civil Case

8/10/2017: Notice of Case Assignment - Limited Civil Case

11 More Documents Available

 

Docket Entries

  • 03/26/2019
  • Minute Order (Order to Show Cause Re: Dismissal (Settlement))

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  • 03/26/2019
  • Certificate of Mailing for Minute Order (Order to Show Cause Re: Dismissal (Settlement)) of 03/26/2019; Filed by: Clerk

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  • 03/26/2019
  • On the Complaint filed by ALICE YICK on 08/10/2017, entered Order for Dismissal without prejudice as to the entire action

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  • 03/26/2019
  • Order to Show Cause Re: Dismissal (Settlement) scheduled for 03/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 03/26/2019; Result Type to Held

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  • 10/25/2018
  • Proof of Personal Service; Filed by: ALICE YICK (Plaintiff); As to: SHAWN HOLMAN (Defendant); Service Date: 07/11/18; Service Cost: 75.00; Service Cost Waived: No

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  • 10/17/2018
  • Order to Show Cause Re: Dismissal (Settlement) scheduled for 03/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/27/2018
  • Minute Order (Order to Show Cause Re: Entry of Default Judgment/Dismissal)

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  • 09/27/2018
  • Order to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 09/27/2018 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 09/27/2018; Result Type to Held

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  • 04/24/2018
  • Notice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 04/12/2018
  • Order to Show Cause re: Entry of Default Judgment/Dismissal scheduled for 09/27/2018 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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24 More Docket Entries
  • 09/20/2017
  • Case assigned to Hon. Valerie Salkin in Department F43 Chatsworth Courthouse

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  • 09/20/2017
  • OSC - Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 scheduled for 08/10/2018 at 08:30 AM in Chatsworth Courthouse at Department F43

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  • 09/14/2017
  • Minute Order (Court Order-Designation-Transfer of Non-Collection Hub Case)

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  • 09/14/2017
  • Certificate of Mailing for Minute Order (Court Order-Designation-Transfer of Non-Collection Hub Case) of 09/14/2017; Filed by: Clerk

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  • 08/10/2017
  • Complaint; Filed by: ALICE YICK (Plaintiff); As to: SHAWN HOLMAN (Defendant)

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  • 08/10/2017
  • Updated -- Summons on Complaint: Status Date changed from 09/20/2017 to 08/10/2017; Name Extension changed from on Complaint to on Complaint

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  • 08/10/2017
  • Civil Case Cover Sheet; Filed by: ALICE YICK (Plaintiff)

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  • 08/10/2017
  • Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740); Filed by: Clerk

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  • 08/10/2017
  • Notice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/10/2017
  • The case is placed in special status of: Collections Case (CCP 3.740)

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Tentative Rulings

Case Number: 17CHLC01023    Hearing Date: November 07, 2019    Dept: 94

VACATE DISMISSAL; ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP §§ 473(b); 664.6)

TENATIVE RULING:

Plaintiff Alice Yick’s Motion to Vacate Dismissal and Enter Judgment Pursuant to Stipulation is GRANTED. THE DISMISSAL ENTERED ON MARCH 26, 2019 IS HEREBY VACATED AND JUDGMENT IS ENTERED IN THE TOTAL AMOUNT OF $5,965.00.

RELIEF REQUESTED: Plaintiff moves for an order vacating its dismissal of this action and entering judgment against Defendant pursuant to the terms of the parties’ settlement agreement.

OPPOSITION: None filed as of November 4, 2019.

ANALYSIS:

Plaintiff Alice Yick (“Plaintiff”) filed the instant action for breach of lease agreement against Defendant Shawn Holman (“Defendant”) on August 10, 2017. Following Plaintiff’s failure to appear at an OSC re Dismissal, the Court dismissed the action without prejudice on March 26, 2019. On September 23, 2019, Plaintiff filed the instant Motion to Vacate Dismissal and Enter Judgment. To date, no opposition has been filed.

Vacate Dismissal

Plaintiff seeks relief from the dismissal pursuant to Code of Civil Procedure, section 473, subdivision (b). Under this statute, an application for relief must be made no more than six months after entry of the order from which relief is sought, and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

The Motion is timely brought less than six months after dismissal of the action and supported by an attorney affidavit of fault. Plaintiff’s attorney explains that he removed the OSC re Dismissal from his calendar following settlement negotiations with Defendant wherein it appeared that the case would be voluntarily dismissed upon receipt of Defendant’s first payment. (Motion. Flanagan Decl., ¶¶4-5.) Accordingly, Plaintiff’s Motion to Vacate Dismissal is granted. The dismissal entered on March 26, 2019 is hereby vacated.

Enter Judgment Pursuant to Parties’ Settlement Agreement

Plaintiff also seeks entry of judgment against Defendant pursuant to the parties’ settlement agreement. The motion is brought pursuant to Code of Civil Procedure section 664.6, which provides:

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.) Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement under this statute. (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.) Accordingly, “parties” under section 664.6 means the litigants themselves, not their attorneys. (Levy v. Superior Court (1995) 10 Cal.4th 578, 586 (holding “we conclude that the term ‘parties’ as used in section 664.6 means the litigants themselves, and does not include their attorneys of record.”).) Additionally, the settlement must include the signatures of the parties seeking to enforce the agreement, and against whom enforcement is sought. (J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 Cal.App.4th 974, 985.)

Plaintiff has presented the court with a settlement agreement that satisfies the aforementioned statutory requirements as it was signed by both parties. (Motion, Flanagan Decl., Exh. A, p. 3.) The settlement agreement provides that Defendant would make monthly payments until the stipulated judgment was paid in full. (Id. at Exh. A, ¶1.) The settlement agreement also provides that upon Defendant’s default, judgment in the amount of the stipulated judgment would be entered in Plaintiff’s favor, less payments made by Defendant, plus court costs, attorneys’ fees, and liquidated penalties. (Id. at Exh. A, ¶5.) As of the filing of this motion, Defendant made no payment under the settlement agreement and therefore owes $2,080.00 principal, plus costs, attorneys’ fees and liquidated penalties. (Id. at ¶8.) Accordingly, Plaintiff is entitled to entry of judgment against Defendant in the amount of $2,080.00 principal, $3,000.00 in penalties, and $885.00 in attorneys’ fees, for a total of $5,965.00.

Moving party to give notice.