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This case was last updated from Los Angeles County Superior Courts on 08/01/2021 at 10:05:32 (UTC).

JERRY GARCIA VS PASADENA AREA COMMUNITY COLLEGE DISTRICT

Case Summary

On 04/04/2014 JERRY GARCIA filed a Personal Injury - Other Personal Injury lawsuit against PASADENA AREA COMMUNITY COLLEGE DISTRICT. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are STEPHEN M. MOLONEY and DANIEL M. CROWLEY. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1610

  • Filing Date:

    04/04/2014

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

STEPHEN M. MOLONEY

DANIEL M. CROWLEY

 

Party Details

Petitioner and Plaintiff

GARCIA JERRY

Defendants and Respondents

DOES 1-100

PASADENA AREA COMMUNITY COLLEGE DISTRICT

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

JOSEPH PIUS. APLC

JOSEPH PIUS

Defendant and Respondent Attorneys

WALSH DENNIS J. ESQ.

ORDONEZ GEORGE E

WALSH DENNIS JOHN

 

Court Documents

Request for Dismissal

5/14/2021: Request for Dismissal

Order - ORDER RE MOTION TO ENFORCE SETTLEMENT AGREEMENT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 664.6

4/16/2021: Order - ORDER RE MOTION TO ENFORCE SETTLEMENT AGREEMENT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 664.6

EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL; ETC

1/30/2018: EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL; ETC

STIPULATION TO CONTINUE AND [PROPOSED] ORDER CONTINUING TRIAL AND FINAL STATUS CONFERENCE

1/30/2018: STIPULATION TO CONTINUE AND [PROPOSED] ORDER CONTINUING TRIAL AND FINAL STATUS CONFERENCE

NOTICE OF SETTLEMENT OF ENTIRE CASE

4/6/2018: NOTICE OF SETTLEMENT OF ENTIRE CASE

ORDER TO SHOW CAUSE RE: DISMISSAL

4/13/2018: ORDER TO SHOW CAUSE RE: DISMISSAL

Minute Order - Minute Order (Defendant's Ex-Parte application to enforce settlement;)

11/21/2018: Minute Order - Minute Order (Defendant's Ex-Parte application to enforce settlement;)

Judgment - Judgment - Judgment on the Pleading - 11/21/2018 entered for Plaintiff Garcia, Jerry against Defendant Pasadena Area Community College District.

11/21/2018: Judgment - Judgment - Judgment on the Pleading - 11/21/2018 entered for Plaintiff Garcia, Jerry against Defendant Pasadena Area Community College District.

ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

8/18/2016: ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

NOTICE OF RULING RE DEFENDANT'S EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL

8/26/2016: NOTICE OF RULING RE DEFENDANT'S EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL

DEFENDANT'S EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; ETC.

8/26/2016: DEFENDANT'S EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; ETC.

NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING PLAINTIFF JERRY GARCIA'S ATTENDANCE AT AND SUBMISSION TO AN INDEPENDENT MENTAL EXAMINATION; ETC.

7/27/2017: NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING PLAINTIFF JERRY GARCIA'S ATTENDANCE AT AND SUBMISSION TO AN INDEPENDENT MENTAL EXAMINATION; ETC.

DEFENDANT'S REPLY TO PLAINTIFF'S OPPOSITION TO MOTION FOR ORDER COMPELLING PLAINTIFF'S ATTENDANCE AT AND SUBMISSION TO INDEPENDENT MENTAL EXAMINATION; DECLARATION OF GEORGE ORDONEZ

8/15/2017: DEFENDANT'S REPLY TO PLAINTIFF'S OPPOSITION TO MOTION FOR ORDER COMPELLING PLAINTIFF'S ATTENDANCE AT AND SUBMISSION TO INDEPENDENT MENTAL EXAMINATION; DECLARATION OF GEORGE ORDONEZ

Minute Order -

8/22/2017: Minute Order -

NOTICE OF RULING RE MOTION FOR I ORDER COMPELLING PLAINTIFF JERRY, GARCIA'S ATTENDANCE AT AND SUBMISSION TO AN INDEPENDENT MENTAL EXAMINATION

8/30/2017: NOTICE OF RULING RE MOTION FOR I ORDER COMPELLING PLAINTIFF JERRY, GARCIA'S ATTENDANCE AT AND SUBMISSION TO AN INDEPENDENT MENTAL EXAMINATION

34 More Documents Available

 

Docket Entries

  • 05/14/2021
  • DocketRequest for Dismissal; Filed by Jerry Garcia (Plaintiff)

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  • 04/16/2021
  • Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Enforce Settlement - Held - Motion Granted

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  • 04/16/2021
  • DocketOrder (Re Motion to Enforce Settlement Agreement Pursuant to California Code of Civil Procedure section 664.6); Filed by Jerry Garcia (Plaintiff)

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  • 04/16/2021
  • DocketMinute Order ( (Judgment Creidtor Jerry Garcia's Motion to Enforce Settlement)); Filed by Clerk

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  • 04/14/2021
  • Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Enforce Settlement - Not Held - Rescheduled by Party

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  • 03/23/2021
  • DocketMotion to Enforce Settlement (Agreement Pursuant to Code of Civil Procedure Section 664.6); Filed by Jerry Garcia (Plaintiff)

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  • 01/23/2019
  • Docketat 08:30 AM in Department 4, Stephen M. Moloney, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 01/03/2019
  • Docketat 08:30 AM in Department 4, Stephen M. Moloney, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 12/21/2018
  • Docketat 1:30 PM in Department 4, Stephen M. Moloney, Presiding; Hearing on Motion to Enforce Settlement

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  • 11/21/2018
  • Docketat 08:30 AM in Department 4, Stephen M. Moloney, Presiding; Ex-Parte Proceedings - Held - Motion Granted

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97 More Docket Entries
  • 08/26/2015
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Pasadena Area Community College District (Defendant)

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  • 08/14/2015
  • DocketORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (DEPARTMENT 91, 92, 93, 97)

    Read MoreRead Less
  • 08/14/2015
  • Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Pasadena Area Community College District (Defendant)

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  • 07/02/2014
  • DocketPROOF OF SERVICE SUMMONS

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  • 07/02/2014
  • DocketProof-Service/Summons

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  • 05/28/2014
  • DocketANSWER OF DEFENDANT PASADENA AREA COMMUNITY COLLEGE DISTRICT TO COMPPLAINT FOR PERSONAL INJURIES

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  • 05/28/2014
  • DocketAnswer; Filed by Pasadena Area Community College District (Defendant)

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  • 04/04/2014
  • DocketSUMMONS

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  • 04/04/2014
  • DocketCOMPLAINT FOR PERSONAL INJURY AND DAMAGES

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  • 04/04/2014
  • DocketComplaint; Filed by Jerry Garcia (Plaintiff)

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Tentative Rulings

Case Number: BC541610    Hearing Date: April 16, 2021    Dept: 28

Motion to Enforce Settlement

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On April 4, 2014, Plaintiff Jerry Garcia filed a complaint against Defendant Pasadena Area Community College District.  Plaintiff alleged negligence in the complaint arising from a curtain hitting his head on February 23, 2013.

On November 21, 2018, the Court entered judgment in Plaintiff Jerry Garcia’s favor and against Defendant Pasadena Area Community College District and retained jurisdiction pursuant to California Code of Civil Procedure section 664.6.

On March 23, 2021, Judgment Creditor Jerry Garcia filed a motion to enforce a settlement agreement pursuant to California Code of Civil Procedure section 664.6.

PARTY’S REQUESTS

Judgment Creditor Jerry Garcia asks the Court to dispose of the term in the parties’ settlement agreement requiring Judgment Creditor Jerry Garcia to execute and return a release of all claims.

Judgment Creditor Jerry Garcia also asks the Court to bar and release Judgment Creditor Jerry Garcia’s claims against Judgment Debtor Pasadena Area Community College District.

Judgment Creditor Jerry Garcia finally asks the Court to order Judgment Debtor Pasadena Area Community College District to prepare a check in the amount of $25,000.00 in the name of Plaintiff Jerry Garcia and his counsel, Pius Joseph, A Professional Law Corporation.

LEGAL STANDARD

Before 2021, California Code of Civil Procedure section 664.6 provided, as follows: “[i]f 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.”

DISCUSSION

Judgment Creditor Jerry Garcia refuses to sign a release of all claims, known and unknown, with a Section 1542 waiver and limited Confidentiality Clause pursuant to the Court’s November 21, 2018 entry of judgment.  (Joseph Decl., ¶ 3-4, Exh. B.)

The Court cannot grant the motion.

Case law is clear that the Court cannot modify terms of a settlement agreement under section 664.6.  (See Leeman v. Adams Extract & Spice, LLC (2015) 236 Cal.App.4th 1367, 1375.)  As such, the Court cannot strike the term requiring Judgment Creditor Jerry Garcia to sign a release, even in the face of Judgment Creditor Jerry Garcia’s refusal to do so.  Similarly, the Court cannot order Judgment Creditor Jerry Garcia’s release of his claims.

Further, the requested order compelling Judgment Debtor Pasadena Area Community College District pay $25,000.00 has already been ordered in the Court’s November 20, 2018 entry of judgment.  The additional requested terms asking Judgment Debtor Pasadena Area Community College District to make the payment out to Judgment Creditor Jerry Garcia’s counsel is an additional term the Court cannot order.  (See Leeman, supra, 236 Cal.App.4th at p. 1375.)

Therefore, the motion must be denied.

CONCLUSION

The motion is DENIED.

Judgment Creditor Jerry Garcia is ordered to give notice of this ruling.

Judgment Creditor Jerry Garcia is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.

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