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This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 17:48:56 (UTC).

NORTHRIDGE VIEW ESTATES COMMUNITY ASSOCIATION VS BEVERLY R KAPLAN

Case Summary

On 02/22/2018 NORTHRIDGE VIEW ESTATES COMMUNITY ASSOCIATION filed an Other lawsuit against BEVERLY R KAPLAN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3122

  • Filing Date:

    02/22/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

NORTHRIDGE VIEW ESTATES COMMUNITY ASSOCIATION

Defendant

KAPLAN BEVERLY R

Attorney/Law Firm Details

Plaintiff Attorney

MEDIONI DANIEL M

 

Court Documents

Minute Order - Minute Order (Hearing on Ex Parte Application to Advance Hearing Date on Mo...)

6/28/2019: Minute Order - Minute Order (Hearing on Ex Parte Application to Advance Hearing Date on Mo...)

Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Advance Hearing Date on Motion to be Relieved as Counsel

6/28/2019: Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Advance Hearing Date on Motion to be Relieved as Counsel

Notice of Ruling - Notice of Ruling

7/1/2019: Notice of Ruling - Notice of Ruling

Complaint

2/22/2018: Complaint

Civil Case Cover Sheet

2/22/2018: Civil Case Cover Sheet

Summons - on Complaint

2/22/2018: Summons - on Complaint

Notice (name extension) - of Pendency of Action

3/28/2018: Notice (name extension) - of Pendency of Action

Proof of Service (not Summons and Complaint)

3/28/2018: Proof of Service (not Summons and Complaint)

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

6/17/2019: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

6/17/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Notice of Case Assignment - Limited Civil Case

2/22/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 02/25/2021
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 11/20/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/23/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to be Relieved as Counsel

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  • 07/01/2019
  • DocketNotice of Ruling; Filed by: Northridge View Estates Community Association (Plaintiff)

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  • 06/28/2019
  • DocketNon-Jury Trial scheduled for 11/20/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/28/2019
  • DocketEx Parte Application Ex Parte Application to Advance Hearing Date on Motion to be Relieved as Counsel; Filed by: Northridge View Estates Community Association (Plaintiff); As to: Beverly R Kaplan (Defendant)

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  • 06/28/2019
  • DocketMinute Order (Hearing on Ex Parte Application to Advance Hearing Date on Mo...)

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  • 06/28/2019
  • DocketHearing on Ex Parte Application to Advance Hearing Date on Motion to be Relieved as Counsel scheduled for 06/28/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 06/28/2019; Result Type to Held

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  • 06/28/2019
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 08/22/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Court's Motion was rescheduled to 11/20/2019 08:30 AM

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  • 06/26/2019
  • DocketHearing on Ex Parte Application to Advance Hearing Date on Motion to be Relieved as Counsel scheduled for 06/28/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94

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2 More Docket Entries
  • 06/17/2019
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Northridge View Estates Community Association (Plaintiff)

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  • 03/28/2018
  • DocketProof of Service (not Summons and Complaint); Filed by: Northridge View Estates Community Association (Plaintiff); As to: Beverly R Kaplan (Defendant)

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  • 03/28/2018
  • DocketNotice of Pendency of Action; Filed by: Northridge View Estates Community Association (Plaintiff)

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  • 02/22/2018
  • DocketComplaint; Filed by: Northridge View Estates Community Association (Plaintiff); As to: Beverly R Kaplan (Defendant)

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  • 02/22/2018
  • DocketCivil Case Cover Sheet; Filed by: Northridge View Estates Community Association (Plaintiff)

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  • 02/22/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 02/22/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/22/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 02/22/2018
  • DocketNon-Jury Trial scheduled for 08/22/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 02/22/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 02/25/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC03122    Hearing Date: August 11, 2020    Dept: 26

Northridge View Estates HOA v. Kaplan, et al

ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Northridge View Estates Community Association’s Motion to Enforce Settlement and Enter Judgment Under Code of Civil Procedure section 664.6 is DENIED.

ANALYSIS:

On February 22, 2018, Plaintiff Northridge View Estates Community Association (“Plaintiff”) filed the instant action for failure to pay HOA assessments against Defendant Beverly R. Kaplan (“Defendant”). At the Order to Show Cause regarding dismissal on March 12, 2020, Plaintiff represented that the action had settled. On May 4, 2020, Plaintiff filed the instant Motion to Enforce Settlement and Enter Judgment against Defendant. 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.)

Furthermore,

[R]equests for retention of jurisdiction must be made prior to a dismissal of the suit. Moreover, like the settlement agreement itself, the request must be made orally before the court or in a signed writing, and it must be made by the parties, not by their attorneys, spouses or other such agents. If, after a suit has been dismissed, a party brings a section 664.6 motion for a judgment on a settlement agreement but cannot present to the court a request for retention of jurisdiction that meets all of these requirements, then enforcement of the agreement must be left to a separate lawsuit.

(Wackeen v. Malis (2002) 97 Cal.App.4th 429, 433.)

Discussion

Plaintiff has not demonstrated compliance with the statutory requirements set forth above. Plaintiff attaches a copy of the purported settlement agreement, which is signed by both parties. (Motion, Moreno Decl., Exh. 3.) The parties, however, signed on very different dates. Defendant signed the agreement on December 10, 2018, but Plaintiff did not sign the agreement until October 1, 2019. (Ibid.) The settlement purports to require payment from Defendant starting on December 10, 2018 and continuing monthly thereafter. (Id. at Exh. 3, ¶1.) Defendant made payment until July 1, 2019. (Id. at ¶4.) At the time performance was called for under the terms of the agreement and at the time Defendant purportedly defaulted, there was no agreement enforceable under the terms of Code of Civil Procedure section 664.6.

Conclusion

Plaintiff Northridge View Estates Community Association’s Motion to Enforce Settlement and Enter Judgment Under Code of Civil Procedure section 664.6 is DENIED.

Court clerk to give notice.

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