This case was last updated from Los Angeles County Superior Courts on 10/20/2020 at 03:04:18 (UTC).

TONY CAMPOS VS. MARIA BAVELA

Case Summary

On 04/25/2018 TONY CAMPOS filed a Property - Commercial Eviction lawsuit against MARIA BAVELA. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARGARET MILLER BERNAL and JOHN A. TORRIBIO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7091

  • Filing Date:

    04/25/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Commercial Eviction

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MARGARET MILLER BERNAL

JOHN A. TORRIBIO

 

Party Details

Plaintiff and Cross Defendant

CAMPOS TONY

Defendant and Cross Plaintiff

BAVELA MARIA

Attorney/Law Firm Details

Plaintiff Attorney

SHAFER ROGER

Defendant and Cross Plaintiff Attorneys

LAW OFFICES OF GAVRIL T. GABRIEL

GABRIEL GAVRIL THEODOROS

GABRIEL ESQ. GAVRIL THEODOROS

 

Court Documents

Judgment - JUDGMENT (PROPOSED) BACK RENTS

8/17/2020: Judgment - JUDGMENT (PROPOSED) BACK RENTS

Notice of Ruling

8/17/2020: Notice of Ruling

Notice of Ruling

8/17/2020: Notice of Ruling

Order - ORDER /RULING ON 7/21/2020 HEARING GRANTING PLTFF CAMPOS MTN TO ENFORCE SETTLEMENT

7/21/2020: Order - ORDER /RULING ON 7/21/2020 HEARING GRANTING PLTFF CAMPOS MTN TO ENFORCE SETTLEMENT

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: ADVANCEMENT AND CONTINUANCE OF NON-JURY TRIAL...) OF 07/14/2020

7/14/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: ADVANCEMENT AND CONTINUANCE OF NON-JURY TRIAL...) OF 07/14/2020

Opposition - OPPOSITION DEFENDANT MARIA BAVELA'S OPPOSITION TO PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT

4/8/2020: Opposition - OPPOSITION DEFENDANT MARIA BAVELA'S OPPOSITION TO PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT

Minute Order - MINUTE ORDER (COURT ORDER)

4/14/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Order - TRIAL SETTING ORDER

12/18/2019: Order - TRIAL SETTING ORDER

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL OF THE COMPLAINT AND CROSS ...)

12/18/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL OF THE COMPLAINT AND CROSS ...)

Substitution of Attorney

8/6/2019: Substitution of Attorney

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: REGARDING DISMISSAL OF THE COMPLAINT ...)

7/18/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: REGARDING DISMISSAL OF THE COMPLAINT ...)

Notice - Notice of Order to Show Cause Hearing

2/21/2019: Notice - Notice of Order to Show Cause Hearing

Cross-Complaint

5/3/2018: Cross-Complaint

Legacy Document - LEGACY DOCUMENT TYPE: Complaint filed-Summons Issued

4/25/2018: Legacy Document - LEGACY DOCUMENT TYPE: Complaint filed-Summons Issued

Summons

5/3/2018: Summons

Case Management Statement

10/25/2018: Case Management Statement

Notice of Case Management Conference

4/25/2018: Notice of Case Management Conference

Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

4/30/2018: Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

43 More Documents Available

 

Docket Entries

  • 11/25/2020
  • Hearing11/25/2020 at 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Order to Show Cause Re: Dismissal

    Read MoreRead Less
  • 10/07/2020
  • Docketat 09:30 AM in Department F; Non-Jury Trial - Not Held - Advanced and Continued - by Court

    Read MoreRead Less
  • 09/25/2020
  • Docketat 08:30 AM in Department F; Mandatory Settlement Conference (MSC) - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 09/23/2020
  • Docketat 08:54 AM in Department F; Court Order

    Read MoreRead Less
  • 09/23/2020
  • DocketCertificate of Mailing for ((Court Order regarding ADVANCING AND VACATING MANDATORY SETTLE...) of 09/23/2020); Filed by Clerk

    Read MoreRead Less
  • 09/23/2020
  • DocketMinute Order ((Court Order regarding ADVANCING AND VACATING MANDATORY SETTLE...)); Filed by Clerk

    Read MoreRead Less
  • 09/15/2020
  • DocketJudgment ((PROPOSED)); Filed by Tony Campos (Plaintiff)

    Read MoreRead Less
  • 08/19/2020
  • Docketat 09:30 AM in Department F; Non-Jury Trial - Not Held - Advanced and Continued - by Court

    Read MoreRead Less
  • 08/17/2020
  • DocketNotice of Ruling; Filed by Tony Campos (Plaintiff)

    Read MoreRead Less
  • 08/17/2020
  • DocketNotice of Ruling; Filed by Tony Campos (Plaintiff)

    Read MoreRead Less
75 More Docket Entries
  • 05/03/2018
  • DocketSummons Filed (ON CROSS-COMPLAINT ); Filed by Attorney for Defendant

    Read MoreRead Less
  • 04/30/2018
  • DocketRtn of Service of Summons & Compl; Filed by Plaintiff

    Read MoreRead Less
  • 04/30/2018
  • DocketRtn of Service of Summons & Compl; Filed by Tony Campos (Plaintiff)

    Read MoreRead Less
  • 04/25/2018
  • DocketSummons; Filed by Tony Campos (Plaintiff)

    Read MoreRead Less
  • 04/25/2018
  • DocketComplaint filed-Summons Issued; Filed by Tony Campos (Plaintiff)

    Read MoreRead Less
  • 04/25/2018
  • DocketNotice-Case Management Conference; Filed by Clerk

    Read MoreRead Less
  • 04/25/2018
  • DocketSummons Filed; Filed by Plaintiff, & Plaintiff in Pro Per

    Read MoreRead Less
  • 04/25/2018
  • DocketComplaint filed-Summons Issued; Filed by Plaintiff, & Plaintiff in Pro Per

    Read MoreRead Less
  • 04/25/2018
  • DocketCivil Case Cover Sheet; Filed by Tony Campos (Plaintiff)

    Read MoreRead Less
  • 04/25/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: VC067091    Hearing Date: August 06, 2020    Dept: G

TONY CAMPOS VS MARIA BAVELAVC067091

EX PARTE HEARING: AUGUST 6, 2020 DEPT. G

TENTATIVE RULING

Grant.

Case Number: VC067091    Hearing Date: July 21, 2020    Dept: SEC

CALENDAR #2

CAMPOS v. BAVELA

CASE NO.: VC067091

HEARING: 7/21/20

[Remote appearances are encouraged and will be given priority.]

CALENDAR MATTER #2

TENTATIVE ORDER

Plaintiff Campos’s motion to enforce settlement is DENIED without prejudice.

Moving Party to give NOTICE.

Plaintiff Campos moves to enforce settlement pursuant to CCP § 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. (CCP § 664.6.) The agreement must be sufficiently definite to enable courts to give it an exact meaning. If an essential element is reserved for future agreement, it is not sufficiently definite. (See Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810-812.)

The Court finds that the Settlement Agreement is sufficiently definite and signed by Plaintiff Tony Campos and Defendant Maria Bavella. (Shafer Decl., Ex. 1.) Par. 6 specifically provides that the “Settlement Parties agree that this Agreement is enforceable under Cal. Code Civ. Proc. § 664.6 in Los Angeles County Superior Court.”

Plaintiff seeks judgment against Defendant in the sum of $68,000.00 because Defendant failed to make any monthly payments to Plaintiff since 6/11/19.

In opposition, Defendant contends that Plaintiff failed to perform his part of the settlement, which is to sign a formal lease and to allow her an extension of a few months before making the $500 monthly payments. (Bavella Decl., ¶ 9.) Instead, Plaintiff wanted “all the money, right now.” (Bavella Decl., ¶ 11.)

The court finds that Plaintiff is not entitled to a judgment of $68,000 because Plaintiff has not identified (and the court could not locate) any acceleration clause

in the Settlement that would have accelerated the payments if a default were to occur.

Instead, this court has the authority to enforce the Settlement pursuant to the terms of the settlement, which is to order Plaintiff to pay $500 monthly payments until the full amount of $68,000 is fully paid; and order the parties to sign the formal written lease agreement as agreed.

Contrary to Defendant’s position, and pursuant to the Settlement, there is no term that allows Defendant an “extension of a few months” before payment is made. (Bavella Decl., ¶ 9.) The Settlement requires Defendant to begin making the payments “after execution of this Agreement,” which was June 11, 2019. (Shafer Decl., Ex. 1, ¶ 2(A)(i).)

Further, the terms of the Settlement are binding. Defendant’s argument that Plaintiff repudiated the agreement is not at issue in a CCP § 664.6 hearing. This court can and will enforce the terms of the settlement because it is sufficiently definite. Any concerns about repudiation may be taken up in a separate action.

If Plaintiff wishes the court to enforce the terms as reflected in the Settlement, then Plaintiff may file a separate motion curing its defective request. The court encourages both parties to perform their Settlement commitments without court intervention.

Accordingly, the motion is DENIED without prejudice.