This case was last updated from Los Angeles County Superior Courts on 10/19/2021 at 01:25:33 (UTC).

NICHOLS LUMBER & HARDWARE CO. VS DARMONT CONSTRUCTION, CORP.; A CALIFORNIA CORPORATION, ET AL.

Case Summary

On 02/08/2019 NICHOLS LUMBER HARDWARE CO filed a Property - Other Real Property lawsuit against DARMONT CONSTRUCTION, CORP A CALIFORNIA CORPORATION. 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:

    *******1449

  • Filing Date:

    02/08/2019

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Property - Other Real Property

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

NICHOLS LUMBER & HARDWARE CO.

Defendants

GONZALES INDIVIDUALLY ISRAEL

DARMONT CONSTRUCTION CORP.; A CALIFORNIA CORPORATION

ORDON ROBYN

ORDON ANDREW P.

Attorney/Law Firm Details

Plaintiff Attorney

TREDER EDWARD ALAN

Defendant Attorney

FEDIDA TOMER J.

 

Court Documents

Judgment - Judgment [Proposed] Judgment

10/6/2021: Judgment - Judgment [Proposed] Judgment

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

10/6/2021: Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

9/21/2021: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

Declaration (name extension) - Declaration of Edward A. Treder in Response to Order to Show Cause

9/7/2021: Declaration (name extension) - Declaration of Edward A. Treder in Response to Order to Show Cause

Declaration (name extension) - Declaration of Edward A. Treder in Support of Motion to Enforce Settlement

9/8/2021: Declaration (name extension) - Declaration of Edward A. Treder in Support of Motion to Enforce Settlement

Motion to Enforce Settlement - Motion to Enforce Settlement

9/8/2021: Motion to Enforce Settlement - Motion to Enforce Settlement

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

9/8/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice (name extension) - Notice of Continuance of Order to Show Cause

6/8/2021: Notice (name extension) - Notice of Continuance of Order to Show Cause

Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

6/8/2021: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

Notice (name extension) - Notice of Continuance of Hearing on OSC RE Dismissal

5/5/2021: Notice (name extension) - Notice of Continuance of Hearing on OSC RE Dismissal

Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

5/5/2021: Minute Order - Minute Order (Order to Show Cause Re: Dismissal (Settlement))

Notice of Settlement - Notice of Settlement

12/10/2020: Notice of Settlement - Notice of Settlement

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

12/16/2020: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

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

12/2/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

7/31/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Request for Dismissal - Request for Dismissal

6/27/2019: Request for Dismissal - Request for Dismissal

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

8/7/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

5/2/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

18 More Documents Available

 

Docket Entries

  • 10/06/2021
  • DocketJudgment [Proposed] Judgment; Signed and Filed by: Nichols Lumber & Hardware Co. (Plaintiff); As to: Darmont Construction, Corp. a California corporation (Defendant); Israel Gonzales, individually (Defendant)

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  • 10/06/2021
  • DocketStipulated judgment entered for Plaintiff Nichols Lumber & Hardware Co. against Defendant Darmont Construction, Corp. a California corporation and Defendant Israel Gonzales, individually on the Complaint filed by Nichols Lumber & Hardware Co. on 02/08/2019 for the principal amount of $5,619.88 for a total of $5,619.88, joint and several.

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  • 10/06/2021
  • DocketMinute Order (Hearing on Motion to Enforce Settlement)

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  • 10/06/2021
  • DocketHearing on Motion to Enforce Settlement scheduled for 10/06/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/06/2021; Result Type to Held - Motion Granted

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  • 09/21/2021
  • DocketMinute Order (Order to Show Cause Re: Dismissal (Settlement))

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  • 09/21/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/21/2021 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/21/2021; Result Type to Held

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  • 09/09/2021
  • DocketHearing on Motion to Enforce Settlement scheduled for 10/06/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 09/08/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: Nichols Lumber & Hardware Co. (Plaintiff); As to: Darmont Construction, Corp. a California corporation (Defendant); Israel Gonzales, individually (Defendant)

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  • 09/08/2021
  • DocketMotion to Enforce Settlement; Filed by: Nichols Lumber & Hardware Co. (Plaintiff); As to: Darmont Construction, Corp. a California corporation (Defendant); Israel Gonzales, individually (Defendant)

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  • 09/08/2021
  • DocketDeclaration of Edward A. Treder in Support of Motion to Enforce Settlement; Filed by: Nichols Lumber & Hardware Co. (Plaintiff)

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31 More Docket Entries
  • 03/22/2019
  • DocketProof of Service by Substituted Service; Filed by: Nichols Lumber & Hardware Co. (Plaintiff); As to: Darmont Construction, Corp. a California corporation (Defendant); Proof of Mailing Date: 02/13/2019; Service Cost: 80.00; Service Cost Waived: No

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  • 02/19/2019
  • DocketNotice of Lis Pendens; Filed by: Nichols Lumber & Hardware Co. (Plaintiff)

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  • 02/11/2019
  • DocketNon-Jury Trial scheduled for 08/07/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/11/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/14/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/11/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 02/08/2019
  • DocketComplaint; Filed by: Nichols Lumber & Hardware Co. (Plaintiff); As to: Darmont Construction, Corp. a California corporation (Defendant); Israel Gonzales, individually (Defendant); Andrew P. Ordon (Defendant) et al.

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  • 02/08/2019
  • DocketCivil Case Cover Sheet; Filed by: Nichols Lumber & Hardware Co. (Plaintiff); As to: Darmont Construction, Corp. a California corporation (Defendant); Israel Gonzales, individually (Defendant); Andrew P. Ordon (Defendant) et al.

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  • 02/08/2019
  • DocketSummons on Complaint; Issued and Filed by: Nichols Lumber & Hardware Co. (Plaintiff); As to: Darmont Construction, Corp. a California corporation (Defendant); Israel Gonzales, individually (Defendant); Andrew P. Ordon (Defendant) et al.

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  • 02/08/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/08/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

b"

Case Number: 19STLC01449 Hearing Date: October 6, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nTO ENFORCE SETTLEMENT

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MOVING PARTY: Plaintiff\r\nNichols Lumber & Hardware Co.

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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\r\nNichols Lumber & Hardware Co.’s Motion to Enforce Settlement is GRANTED.\r\nPlaintiff is to file and serve a proposed order within ten (10) days of notice\r\nof this order.

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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 October 4,\r\n2021 [ ] Late [X]\r\nNone

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REPLY: None filed as\r\nof October 4, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n

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On February 8, 2019, Plaintiff Nichols Lumber &\r\nHardware Co. (“Plaintiff”) filed an action against Defendants Darmont\r\nConstruction Corp. (“Darmont”), Israel Gonzales (“Gonzales”), Andrew P. Ordon\r\n(“Andrew”), and Robyn Ordon (“Robyn”). Defendants Darmont and Gonzales filed an\r\nAnswer on April 11, 2019.

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Plaintiff dismissed Defendants Andrew and Robyn, as well\r\nas the first cause of action for foreclosure of a mechanic’s lien only, on July\r\n2, 2019. (6/27/19 Request for Dismissal”).

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Plaintiff filed the instant Motion to Enforce Settlement\r\n(the “Motion”) on September 8, 2021. No opposition was filed.

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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\r\ncourt, for settlement of the case, or part thereof, the court, upon motion, may\r\nenter judgment pursuant to the terms of the settlement. If requested by\r\nthe parties, the court may retain jurisdiction over the parties to enforce the\r\nsettlement until 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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Plaintiff states that it settled the mechanic’s lien\r\nforeclosure claim against Defendants Andrew and Robyn and for that reason,\r\nfiled a partial dismissal on June 27, 2019 in exchange for payment of certain\r\nunpaid invoices. (Mot., Treder Decl., ¶ 3.) On December 10, 2020, Plaintiff\r\nentered into a written Settlement Agreement and General Release of All Claims\r\n(the “Settlement Agreement”) with Defendants Darmont and Gonzales. (Id.\r\nat ¶ 4, Exh. 1.) The Settlement Agreement was signed by the parties and their\r\ncounsel on December 10, 2020. (Id.) It provides that, within five\r\nbusiness days, Defendants Darmont and Gonzales would pay Plaintiff $5,174.29 in\r\nexchange for a dismissal with prejudice of the remaining causes of action. (Id.)\r\nIt also contains a provision stating the terms of the Settlement Agreement are\r\njudicially enforceable pursuant to Code of Civil Procedure section 664.6. (Id.)\r\n

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The Court finds the Settlement Agreement to be\r\nenforceable under Section 664.6. Plaintiff’s counsel submits his declaration\r\nstating that Defendant Darmont and Gonzales did not pay any portion of the\r\nsettlement and that their counsel has not been able to communicate with the\r\nsettling Defendants. (Id. at ¶ 5.) As a result, Plaintiff asks that a\r\njudgment in the amount of $5,174.29 plus interest and costs be entered.

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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 Nichols Lumber & Hardware Co.’s\r\nMotion to Enforce Settlement is GRANTED. Plaintiff is to file and serve a\r\nproposed order within ten (10) days of notice of this order.

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Moving party is ordered to give\r\nnotice.

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