This case was last updated from Los Angeles County Superior Courts on 09/23/2021 at 01:46:25 (UTC).

GERARDO SANCHEZ VS S&M KUSTOMZ, ET AL.

Case Summary

On 07/22/2019 GERARDO SANCHEZ filed a Contract - Other Contract lawsuit against S M KUSTOMZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6849

  • Filing Date:

    07/22/2019

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

SANCHEZ GERARDO

Defendants

S&M KUSTOMZ

SERRANO LOUIS

ALBA DIANA

Attorney/Law Firm Details

Plaintiff Attorney

COREY EDWARD

 

Court Documents

Writ of Execution - Writ of Execution (Los Angeles)

8/3/2021: Writ of Execution - Writ of Execution (Los Angeles)

Notice of Settlement - Notice of Settlement

1/25/2021: Notice of Settlement - Notice of Settlement

Notice (name extension) - Notice OF OSC RE DISMISSAL

1/25/2021: Notice (name extension) - Notice OF OSC RE DISMISSAL

Motion to Enforce Settlement - Motion to Enforce Settlement

2/22/2021: Motion to Enforce Settlement - Motion to Enforce Settlement

Declaration (name extension) - Declaration of Edward Corey in Support of Motion

6/23/2021: Declaration (name extension) - Declaration of Edward Corey in Support of Motion

Judgment - Judgment Proposed Judgment

7/19/2021: Judgment - Judgment Proposed Judgment

Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

7/19/2021: Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

Notice of Ruling - Notice of Ruling

7/20/2021: Notice of Ruling - Notice of Ruling

Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale

7/27/2021: Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale

Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

7/28/2021: Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

7/28/2021: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

7/29/2021: Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

Trial Brief - Trial Brief

1/14/2021: Trial Brief - Trial Brief

Minute Order - Minute Order (Non-Jury Trial)

1/25/2021: Minute Order - Minute Order (Non-Jury Trial)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

12/9/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Answer - Answer

9/25/2019: Answer - Answer

Answer - Answer

9/25/2019: Answer - Answer

Answer - Answer

9/25/2019: Answer - Answer

14 More Documents Available

 

Docket Entries

  • 08/03/2021
  • DocketWrit of Execution (Los Angeles); Issued by: Gerardo Sanchez (Plaintiff); As to: S&M Kustomz (Defendant); Diana Alba (Defendant); Louis Serrano (Defendant); County: Los Angeles

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  • 07/29/2021
  • DocketNotice of Rejection - Post Judgment; Filed by: Clerk

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  • 07/28/2021
  • DocketAbstract of Judgment - Civil and Small Claims; Issued by: Gerardo Sanchez (Plaintiff)

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  • 07/28/2021
  • DocketNotice of Rejection - Post Judgment; Filed by: Clerk

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  • 07/27/2021
  • DocketApplication for Issuance of Writ of Execution, Possession or Sale; Filed by: Gerardo Sanchez (Plaintiff)

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  • 07/20/2021
  • DocketNotice of Ruling; Filed by: Gerardo Sanchez (Plaintiff)

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  • 07/19/2021
  • DocketStipulated judgment entered for Plaintiff Gerardo Sanchez against Defendant S&M Kustomz, Defendant Diana Alba and Defendant Louis Serrano on the Complaint filed by Gerardo Sanchez on 07/22/2019 for damages of $25,000.00 and attorney fees of $1,285.00 for a total of $26,285.00.

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  • 07/19/2021
  • DocketMinute Order (Hearing on Motion to Enforce Settlement)

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  • 07/19/2021
  • DocketHearing on Motion to Enforce Settlement scheduled for 07/19/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/19/2021; Result Type to Held - Motion Granted

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  • 07/19/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 07/28/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/19/2021

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16 More Docket Entries
  • 09/25/2019
  • DocketAnswer; Filed by: S&M Kustomz (Defendant); As to: Gerardo Sanchez (Plaintiff)

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  • 09/25/2019
  • DocketAnswer; Filed by: Louis Serrano (Defendant); As to: Gerardo Sanchez (Plaintiff)

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  • 07/26/2019
  • DocketNon-Jury Trial scheduled for 01/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/26/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/25/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/26/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/22/2019
  • DocketComplaint; Filed by: Gerardo Sanchez (Plaintiff); As to: S&M Kustomz (Defendant); Diana Alba (Defendant); Louis Serrano (Defendant)

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  • 07/22/2019
  • DocketSummons on Complaint; Issued and Filed by: Gerardo Sanchez (Plaintiff); As to: S&M Kustomz (Defendant); Diana Alba (Defendant); Louis Serrano (Defendant)

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  • 07/22/2019
  • DocketCivil Case Cover Sheet; Filed by: Gerardo Sanchez (Plaintiff); As to: S&M Kustomz (Defendant); Diana Alba (Defendant); Louis Serrano (Defendant)

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  • 07/22/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/22/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

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Case Number: 19STLC06849 Hearing Date: July 19, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nTO ENFORCE SETTLEMENT AND ENTER JUDGMENT

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MOVING PARTY: Plaintiff\r\nGerardo Sanchez

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RESP. PARTY: None

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MOTION TO ENFORCE SETTLEMENT

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(CCP § 664.6)

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TENTATIVE RULING:

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Plaintiff Gerardo Sanchez’s Motion to Enforce\r\nSettlement and Enter Judgment is GRANTED. Judgment is to be entered in the\r\namount of $26,285.00, based on damages of $25,000.00 and attorney’s fees and\r\ncosts of $1,285.00.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of July 12,\r\n2021 [ ] Late [X]\r\nNone

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REPLY: None filed as\r\nof July 12, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n

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On July 22, 2019, Plaintiff Gerardo Sanchez (“Plaintiff”)\r\nfiled an action for breach of contract against Defendants S&M Kustomz\r\n(“S&M”), Diana Alba (“Alba”), and Louis Serrano (“Serrano”) (collectively,\r\n“Defendants”). Defendants each filed an Answer on September 25, 2019.

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A non-jury trial was scheduled for January 25, 2021. At\r\nthat time, the parties represented that the matter had settled. (1/25/21 Minute\r\nOrder.).

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On February 22, 2021, Plaintiff filed the instant Motion\r\nto Enforce Settlement and Enter Judgment (the “Motion”). No opposition was\r\nfiled.

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II. \r\nLegal\r\nStandard

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Under Code of Civil Procedure, section 664.6:

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\r\n(a) If parties to pending litigation stipulate, in a writing signed by the\r\nparties outside of the presence of the court or orally before the court,\r\nfor settlement of the case, or part thereof, the court, upon motion, may enter\r\njudgment pursuant to the terms of the settlement. If requested by the parties,\r\nthe court may retain jurisdiction over the parties to enforce the settlement\r\nuntil performance in full of the terms of the settlement.

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(b) For purposes of this section, a writing is signed by\r\na party if it is signed by any of the following:

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(1) The party.

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(2) An attorney who represents the party.

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(3) If the party is an insurer, an agent who is\r\nauthorized in writing by the insurer to sign on the insurer's behalf.”

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III. \r\nDiscussion\r\n

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With its Motion, Plaintiff includes a copy of a\r\nSettlement Agreement and Release (the “Agreement”) which was executed by\r\nDefendants on January 20, 2021 and by Plaintiff on January 23. (Mot., Sanchez\r\nDecl., ¶ 6, Exh. A.) The Agreement required Defendants to deliver a 1962\r\nImpala, license plate number WA6GHP, vehicle identification number 21847T107479\r\n(the “Vehicle”), to Plaintiff no later than 6:00 p.m. on Saturday, January 23,\r\n2021 at the premises of Defendant S&M. (Id.) In the event the\r\nVehicle was not timely delivered, Defendants would be required to pay $250.00\r\nper day for each day the Vehicle was not returned to Plaintiff. (Id.)\r\nFailure to deliver the Vehicle would also entitle Plaintiff to seek a judgment\r\nin accordance with the terms of the Agreement. (Id.) Should any action\r\nbe required by any party to enforce rights under the Agreement, that party\r\nwould be entitled to attorney’s fees and costs. (Id.)

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Plaintiff provides evidence that Defendants did not\r\nreturn the Vehicle on January 23 as agreed. (Mot., Sanchez Decl., ¶¶ 9-12,\r\nCorey Decl., ¶ 2.) The Vehicle was later returned to Plaintiff on May 14, 2021,\r\none hundred and eleven days after the agreed date totaling $27,750.00 in delay\r\ndamages. (6/23/21 Corey Decl., ¶¶ 1-2.) Plaintiff requests that a judgment be entered\r\nawarding Plaintiff $25,000.00 in delay damages as provided for in the Agreement\r\nand attorney’s fees and costs of $1,285.00, based on 3.5 hours of attorney time\r\nbilled at $350.00 per hour and one $60.00 filing fee, incurred in bringing this\r\nMotion. (Mot., pp. 7-8; 6/23/21 Corey Decl., ¶¶ 3-5.)

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Plaintiff’s request is GRANTED.

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IV. \r\nConclusion\r\n& Order

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For the foregoing reasons, Plaintiff\r\nGerardo Sanchez’s Motion to Enforce Settlement and Enter Judgment is GRANTED.\r\nJudgment is to be entered in the amount of $26,285.00, based on damages of\r\n$25,000.00 and attorney’s fees and costs of $1,285.00.

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Moving party is ordered to give\r\nnotice.

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