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This case was last updated from Los Angeles County Superior Courts on 06/14/2019 at 07:57:52 (UTC).

GREGORIO GERALDO DESIR VS CARLOS ARGUETA ET AL

Case Summary

On 04/05/2017 GREGORIO GERALDO DESIR filed a Contract - Other Contract lawsuit against CARLOS ARGUETA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOWARD L. HALM and ROBERT B. BROADBELT. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6388

  • Filing Date:

    04/05/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

HOWARD L. HALM

ROBERT B. BROADBELT

 

Party Details

Plaintiff and Petitioner

DESIR GREGORIO GERALDO

Defendants and Respondents

ARGUETA CARLOS

DOES 1 TO 10

TULA BLANCA ESTELA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

JONES AYINDE

JONES AYINDE A. ESQ.

Defendant and Respondent Attorney

MALHOTRA EVANGELINA J. ESQ

 

Court Documents

Minute Order

11/16/2018: Minute Order

Exhibit List

11/16/2018: Exhibit List

Witness List

11/16/2018: Witness List

Notice

2/11/2019: Notice

Notice

2/11/2019: Notice

Minute Order

3/20/2019: Minute Order

Minute Order

6/13/2019: Minute Order

SUBSTITUTION OF ATTORNEY

3/23/2018: SUBSTITUTION OF ATTORNEY

Minute Order

1/18/2018: Minute Order

Minute Order

9/28/2017: Minute Order

COMPLAINT-CONTRACT

4/5/2017: COMPLAINT-CONTRACT

Unknown

4/5/2017: Unknown

ORDER TO SHOW CAUSE HEARING

4/10/2017: ORDER TO SHOW CAUSE HEARING

Unknown

8/4/2017: Unknown

Minute Order

8/8/2017: Minute Order

PROOF OF SERVICE SUMMONS

9/19/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

9/19/2017: PROOF OF SERVICE SUMMONS

NOTICE OF LIMITED SCOPE REPRESENTATION

9/28/2017: NOTICE OF LIMITED SCOPE REPRESENTATION

18 More Documents Available

 

Docket Entries

  • 06/13/2019
  • at 08:30 AM in Department 53, Robert B. Broadbelt, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Continued - Court's Motion

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  • 06/13/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal (Settlement))); Filed by Clerk

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  • 05/28/2019
  • at 08:30 AM in Department 53, Robert B. Broadbelt, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Advanced and Continued - by Court

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  • 03/20/2019
  • at 10:00 AM in Department 53, Robert B. Broadbelt, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 03/20/2019
  • at 08:30 AM in Department 53, Robert B. Broadbelt, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 03/20/2019
  • Minute Order ( (Jury Trial; Final Status Conference;)); Filed by Clerk

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  • 03/08/2019
  • at 08:30 AM in Department 53, Robert B. Broadbelt, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 02/11/2019
  • Notice (notice of mandatory in person settlement conference); Filed by Gregorio Geraldo Desir (Plaintiff)

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  • 02/11/2019
  • Notice (notice of trial); Filed by Gregorio Geraldo Desir (Plaintiff)

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  • 02/11/2019
  • Notice (notice of continuance of final status conference); Filed by Gregorio Geraldo Desir (Plaintiff)

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41 More Docket Entries
  • 08/04/2017
  • Case Management Statement; Filed by Gregorio Geraldo Desir (Plaintiff)

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  • 08/04/2017
  • CASE MANAGEMENT STATEMENT

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  • 04/10/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 04/10/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/10/2017
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 04/10/2017
  • ORDER TO SHOW CAUSE HEARING

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  • 04/05/2017
  • SUMMONS

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  • 04/05/2017
  • Complaint; Filed by Gregorio Geraldo Desir (Plaintiff)

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  • 04/05/2017
  • COMPLAINT-CONTRACT

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  • 04/05/2017
  • ORDER ON COURT FEE WAIVER

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Tentative Rulings

Case Number: BC656388    Hearing Date: December 22, 2020    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

Gregorio Desir ;

Plaintiff,

vs.

carlos argueta , et al.,

Defendants.

Case No.:

BC656388

Hearing Date:

December 22, 2020

Time:

10:00 a.m.

[Tentative] Order RE:

motion for entry of judgment pursuant to terms of the settlement agreement

MOVING PARTY: Plaintiff Gregorio Desir

RESPONDING PARTIES: n/a

Motion for Entry of Judgment Pursuant to Terms of the Settlement Agreement

The court considered the moving papers. No opposition to the motion was filed.

On November 17, 2020, the court issued an order that the hearing on plaintiff Gregorio Desir’s motion for entry of judgment pursuant to terms of the settlement agreement is continued from November 17, 2020, to December 22, 2020, at 10:00 a.m., in Department 53. The court also ordered plaintiff Gregorio Desir to file a declaration that attaches a copy of the settlement agreement no later than November 30, 2020. Plaintiff Gregorio Desir filed the declaration on November 25, 2020. The court has considered plaintiff Gregorio Desir’s declaration, filed November 25, 2020.

BACKGROUND

Plaintiff Gregorio Desir (“Plaintiff”) filed this action on April 5, 2017, against defendants Carlos Argueta (“Argueta”) and Blanca Estela Tula (“Tula”) for breach of contract and fraud.

On March 20, 2019, Plaintiff and Argueta entered into and executed a settlement agreement resolving Plaintiff’s claims (the “Settlement Agreement”). (Desir Decl., filed November 25, 2020, Ex. 1, Settlement Agreement.) Pursuant to the Settlement Agreement, Argueta agreed to pay Plaintiff a total of $67,800 according to the following schedule: (1) $400 per month beginning April 1, 2019 and continuing thereafter every first of the month; and (2) $5,000 every four months beginning August 1, 2019. (Id. at p. 1) The Settlement Agreement provides that payments will be paid in certified funds and mailed to Plaintiff’s counsel, and, if Argueta fails to make a payment within 15 days of a due date, then the entire balance then owed will be due immediately. (Id. at p. 1.) The Settlement Agreement further provides that “[t]he parties agree that Plaintiff shall dismiss this action and the Court may retain jurisdiction over parties to effectuate settlement until performance in full of terms of settlement pursuant to CCP 664.6.” (Id. at p. 2.)

On November 15, 2019, Plaintiff filed a request for dismissal, without prejudice, as to Tula only. But Tula’s dismissal was not entered by the clerk because the request for dismissal was rejected since it was incomplete.

Plaintiff moves pursuant to Code of Civil Procedure section 664.6 for entry of judgment pursuant to the terms of the Settlement Agreement. No opposition to the motion was filed.

DISCUSSION

Code of Civil Procedure section 664.6 provides: “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.”

As discussed above, Plaintiff and Argueta entered into and executed the Settlement Agreement on March 20, 2019. On November 6, 2019, Plaintiff filed a Notice of Settlement of Entire Case, stating that the entire case has been settled and the settlement agreement conditions dismissal of this matter on the satisfactory completion of specified terms that are not to be performed within 45 days of the date of settlement. (Notice of Settlement of Entire Case, filed November 6, 2019.)

In his motion, Plaintiff states that Argueta made monthly payments of $400 per month from April 1, 2019 to May 2019, as well as one partial payment of $200 in June 2019, for a total of $1,000. (Jones Decl., field November 15, 2019, ¶ 3.) Plaintiff further states that Argueta never made any payment of $1,300 in July 2016 or in any of the succeeding six months as promised, and requests that the court enter judgment pursuant to the terms of the Settlement Agreement. (Id.) The court finds that Plaintiff has met his burden of showing that Argueta and Plaintiff are parties to the pending litigation, and that they stipulated, in a writing signed by those parties outside the presence of the court, for settlement of the case. The court also finds that Plaintiff has met his burden of showing that Argueta has breached the Settlement Agreement by failing to make the payments required by the Settlement Agreement by the payment deadlines set forth in that agreement. The court therefore finds that Plaintiff is entitled to entry of judgment in his favor and against Argueta pursuant to the terms of the Settlement Agreement under Code of Civil Procedure section 664.6.

ORDER

For the reasons set forth above, the court grants plaintiff Gregorio Desir’s motion for entry of judgment pursuant to terms of the Settlement Agreement against defendant Carlos Argueta pursuant to Code of Civil Procedure section 664.6.

The court orders that judgment shall be entered for plaintiff Gregorio Desir and against defendant Carlos Argueta, which provides that defendant Carlos Argueta must pay plaintiff Gregorio Desir $66,800 in damages.

The court orders plaintiff Gregorio Desir to prepare and lodge with the court a proposed judgment on Judicial Council form JUD-100 within 20 days of the date of this order.

The court orders plaintiff Gregorio Desir to give notice of this order.

IT IS SO ORDERED.

DATED: December 22, 2020

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court

Case Number: BC656388    Hearing Date: November 17, 2020    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

Gregorio Desir ;

Plaintiff,

vs.

carlos argueta , et al.,

Defendants.

Case No.:

BC656388

Hearing Date:

November 17, 2020

Time:

10:00 a.m.

[Tentative] Order RE:

motion for entry of judgment pursuant to terms of the settlement agreement

MOVING PARTY: Plaintiff Gregorio Desir

RESPONDING PARTIES: n/a

Motion for Entry of Judgment Pursuant to Terms of the Settlement Agreement

The court considered the moving papers. No opposition to the motion was filed.

BACKGROUND

Plaintiff Gregorio Desir (“Plaintiff”) filed this action on April 5, 2017, against defendants Carlos Argueta (“Argueta”) and Blanca Estela Tula for breach of contract and fraud.

In Plaintiff’s motion, Plaintiff states that Plaintiff and Argueta entered into and executed a written settlement agreement in this action. (Memo. of P’s & A’s, filed November 15, 2019, p. 2:24-25.) Plaintiff moves for entry of judgment pursuant to the terms of the settlement agreement pursuant to Code of Civil procedure section 664.6. However, although Plaintiff states that a copy of the settlement agreement is attached to his motion as Exhibit 1, the settlement agreement is not attached to Plaintiff’s motion. A copy of the settlement agreement has not otherwise been filed in this action.

The court cannot enter judgment pursuant to the terms of a settlement agreement that is not before it. Because Plaintiff’s failure to attach a copy of the settlement agreement appears to be a result of an inadvertent mistake, the court exercises its discretion to continue the hearing on Plaintiff’s motion and give Plaintiff leave to file a declaration which attaches a copy of the settlement agreement that was omitted from Plaintiff’s motion.

ORDER

For the reasons set forth above, the court orders that the hearing on plaintiff Gregorio Desir’s motion for entry of judgment pursuant to terms of the settlement agreement is continued from November 17, 2020, to December 22, 2020, at 10:00 a.m., in Department 53.

The court orders plaintiff Gregorio Desir to file a declaration that attaches a copy of the settlement agreement no later than November 30, 2020.

The court orders plaintiff Gregorio Desir to give notice of this order.

IT IS SO ORDERED.

DATED: November 17, 2020

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court

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