Tonkinson v. Barrett Daffin Frappier Treder & Weiss

Moving counsel is ordered to give notice. 12 Batoon vs. No tentative. The Learning Light Foundation, et al 13 2200 Western Plaintiff 2200 Western Avenue, LLC’s (“Plaintiff”) unopposed Motion Avenue, LLC for Entry of Judgment against defendant Esports Arena, LLC vs. Esports (“Defendant”) is GRANTED. Arena, LLC The parties entered into a valid and binding settlement agreement which required Defendant to make certain payments to Plaintiff. (Castellanos Decl. ¶¶ 4-5, Exs. C-E.) Defendant violated the terms of the agreement and failed to make the payments as required. Defendant, through its counsel of record, was notified of the default, but refused or failed to cure it. Defendant was also served notice of the motion and hearing and has not filed any opposition.

Pursuant to Civ. Proc. Code § 664.6 and the terms of the settlement agreement between the parties, the court will grant the motion and enter judgment in the total amount of $843,475.00, which comes from $841,650.00 in owed payments due to the default and $1,825 in post-default attorney fees as noted in the proposed judgment, which the court will sign.

Status conference is OFF-CALENDAR.

Plaintiff to give notice. 14 Tonkinson v. Before the Court is an unopposed Demurrer by Defendant Newrez Barrett Daffin LLC as to the Complaint filed by plaintiff Greg Tonkinson. The Frappier Demurrer is SUSTAINED with 20 days leave to amend for the Treder & reasons set forth herein. Weiss, Newrez filed its demurrer on December 11, 2025. Because plaintiff failed to file any opposition to the motion, the court is entitled to consider that lack of opposition to be an admission the motion is meritorious. (See Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

The Court acknowledges that on May 5, 2026, Plaintiff attempted to file a FAC but it was rejected by Clerk for technical deficiencies. This was the last day for the plaintiff to file a First Amended Complaint (FAC) in lieu of an opposition. (Code of Civil Procedure §472)

Based on the foregoing, the Demurrer is SUSTAINED and plaintiff shall have 10 days leave to amend.

The Case Management Conference is CONTINUED to September 4, 2026, at 2:00 p.m.

Defendant is ordered to give notice of this ruling.