This case was last updated from Los Angeles County Superior Courts on 11/27/2020 at 08:32:19 (UTC).

HANSEI SOLUTIONS, LLC VS THE SOBER SPOT, LLC

Case Summary

On 07/20/2018 HANSEI SOLUTIONS, LLC filed a Contract - Other Contract lawsuit against THE SOBER SPOT, LLC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9766

  • Filing Date:

    07/20/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff and Cross Defendant

HANSEI SOLUTIONS LLC

Defendant and Cross Plaintiff

THE SOBER SPOT LLC

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorney

SOTER MICHAEL A.

Defendant and Cross Plaintiff Attorney

CABRERA CRISTAL LISA

 

Court Documents

Writ of Execution - Writ of Execution (Orange)

9/17/2020: Writ of Execution - Writ of Execution (Orange)

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

7/13/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Order to Show Cause (Hearing) - Order to Show Cause (Hearing)

7/15/2020: Order to Show Cause (Hearing) - Order to Show Cause (Hearing)

Judgment - Judgment -

7/15/2020: Judgment - Judgment -

Notice of Settlement - Notice of Settlement

1/6/2020: Notice of Settlement - Notice of Settlement

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

1/7/2020: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Summons - Summons on First Amended Cross-Complaint

1/23/2019: Summons - Summons on First Amended Cross-Complaint

Answer - Answer

3/28/2019: Answer - Answer

Opposition (name extension) - Opposition Defendant's Opposition to Plaintiff's Demurrer to Defendant's Counterclaim

12/24/2018: Opposition (name extension) - Opposition Defendant's Opposition to Plaintiff's Demurrer to Defendant's Counterclaim

Demurrer - without Motion to Strike - Notice of demurrer and demurrer to The Sober Spot's verified cross-complaint

11/26/2018: Demurrer - without Motion to Strike - Notice of demurrer and demurrer to The Sober Spot's verified cross-complaint

Declaration (name extension) - Declaration of Demurring Party in Support of Automatic Extension

10/25/2018: Declaration (name extension) - Declaration of Demurring Party in Support of Automatic Extension

Cross-Complaint - Cross-Complaint

11/7/2018: Cross-Complaint - Cross-Complaint

Summons - Summons on Cross Complaint

11/7/2018: Summons - Summons on Cross Complaint

Notice (name extension) - Notice of errata to defendant's counterclaims for: 1: Breach of contract

11/16/2018: Notice (name extension) - Notice of errata to defendant's counterclaims for: 1: Breach of contract

Answer

9/12/2018: Answer

Summons - on Complaint

7/20/2018: Summons - on Complaint

Complaint

7/20/2018: Complaint

22 More Documents Available

 

Docket Entries

  • 01/28/2021
  • Hearing01/28/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to be Relieved as Counsel

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  • 01/26/2021
  • Hearing01/26/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 01/26/2021
  • Hearing01/26/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to be Relieved as Counsel

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  • 09/17/2020
  • DocketWrit of Execution (Orange); Issued by: Hansei Solutions, LLC (Plaintiff); As to: The Sober Spot, LLC (Defendant)

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  • 07/17/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 01/28/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 07/16/2020
  • DocketMotion to Be Relieved as Counsel; Filed by: Attorney; As to: The Sober Spot, LLC (Defendant)

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  • 07/16/2020
  • DocketProof of Service by Mail; Filed by: The Sober Spot, LLC (Defendant); As to: The Sober Spot, LLC (Defendant)

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  • 07/16/2020
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: The Sober Spot, LLC (Defendant)

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  • 07/15/2020
  • DocketUpdated -- Motion to Enforce Settlement: Filed By: Hansei Solutions, LLC (Plaintiff); Result: Granted; Result Date: 07/15/2020

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  • 07/15/2020
  • DocketJudgment -; Filed by: Hansei Solutions, LLC (Plaintiff); As to: The Sober Spot, LLC (Defendant)

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38 More Docket Entries
  • 11/07/2018
  • DocketSummons on Cross Complaint; Issued and Filed by: Clerk

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  • 10/25/2018
  • DocketDeclaration of Demurring Party in Support of Automatic Extension; Filed by: Hansei Solutions, LLC (Plaintiff)

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  • 09/12/2018
  • DocketAnswer; Filed by: The Sober Spot, LLC (Defendant)

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  • 07/20/2018
  • DocketComplaint; Filed by: Hansei Solutions, LLC (Plaintiff); As to: The Sober Spot, LLC (Defendant)

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  • 07/20/2018
  • DocketCivil Case Cover Sheet; Filed by: Hansei Solutions, LLC (Plaintiff)

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  • 07/20/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 07/20/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/20/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 07/20/2018
  • DocketNon-Jury Trial scheduled for 01/17/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/20/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 07/23/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC09766    Hearing Date: July 15, 2020    Dept: 26

Hansei Solutions, LLC v. The Sober Spot, LLC, et al.

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Hansei Solutions, LLC’s Motion to Enforce Settlement is GRANTED. PLAINTIFF IS ENTITLED TO ENTRY OF JUDGMENT IN THE AMOUNT OF $2,500.00 PRINCIPAL, $103.95 COSTS, AND $1,200.00 ATTORNEY’S FEES. PLAINTIFF TO FILE PROPOSED JUDGMENT WITHIN TEN (10) DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiff Hansei Solutions, LLC (“Plaintiff”) filed the instant action for breach of contract against Defendant The Sober Spot, LLC (“Defendant”) on July 20, 2018. Defendant filed cross-claims against Plaintiff for breach of contract and related claims. On January 6, 2020, Defendant filed a Notice of Unconditional Settlement of Entire Case. The Court set an Order to Show Cause Re Dismissal for July 15, 2020.

On January 7, 2020, Plaintiff filed the instant Motion to Enforce Settlement. To date, no opposition has been filed.

Legal Standard

Under Code of Civil Procedure, section 664.6:

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.)

Discussion

Plaintiff has demonstrated compliance with the statutory requirements set forth above. (Motion, Sotor Decl., Exh. 1.) The settlement agreement was signed by both parties and provides that Defendant would pay Plaintiff the sum of $2,500.00 within five (5) days of receipt of Plaintiff’s signature on the

Agreement. (Id. at Exh. 1, ¶1.) The settlement agreement also provides that if any claim, hearing, proceeding, or litigation arises from the Agreement, the prevailing party will be entitled to recover all reasonable costs incurred, including reasonable attorney fees. (Id. at Exh. 1, ¶11.)

Plaintiff signed the Agreement on October 30, 2019. (Id. at ¶6 and Exh. 1, pp. 7-8.) As of the filing of the Motion, Defendant has not paid $2,500.00 to Plaintiff. (Id. at ¶7.) Plaintiff also claims to have incurred attorney’s fees of $2,800.00 and costs of $103.95. (Id. at ¶¶9-11.) The requested attorney’s fees are excessive given the unopposed nature of the Motion and the fact that Plaintiff’s attorney need not appear in person for the hearing. (Id. at ¶¶9-11.) Based on a lodestar calculation, Plaintiff’s reasonable attorney’s fees are $1,200.00.

Conclusion

Plaintiff’s Motion to Enforce Settlement is GRANTED. PLAINTIFF IS ENTITLED TO ENTRY OF JUDGMENT IN THE AMOUNT OF $2,500.00 PRINCIPAL, $103.95 COSTS, AND $1,200.00 ATTORNEY’S FEES.

Moving party to give notice.