Motion For Entry Of Judgment For Monetary Damages Pursuant To Stipulation
Real Property/Housing Court Law and Motion Calendar for Wednesday, July 15, 2026, line 7. PLAINTIFF 99 OCEAN AVENUE LLC's Motion For Entry Of Judgment For Monetary Damages Pursuant To Stipulation. DENIED.
Paragraph 7 of the parties' stipulation describes the consequences "in the event Defendants fail to comply with any term of this Stipulation" and limits said consequences to a judgment for possession only. It is undisputed that the parties specifically negotiated to remove any provision for monetary damages from this paragraph, and that Defendants are no longer in possession of the premises.
CCP 664.6 empowers the Court to enter judgment pursuant to the terms of the Stipulation. Plaintiff identifies no term of the Stipulation which allows for entry of a judgment that includes any amount of money. Plaintiff's decision to file a noticed motion and give more than the minimum 48 hours' ex parte notice does not broaden the limited remedies expressly contemplated in the event of breach.
The Court also notes that while Plaintiff argues that Defendants breached the Stipulation by failing to pay rent and utilities, and Plaintiff's requested monetary judgment includes both unpaid rent and utilities, Plaintiff has identified no term of the Stipulation under which Defendants are specifically obligated to pay utilities.
This matter will be heard in department 505 by the Honorable Michelle Tong at 1:30 p.m. per the order of the presiding judge. (MT) =(501/MT)
Parties may appear in-person, or via Zoom Video Conference (Meeting ID: 160 4132 4666 Passcode: 872834). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.
Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not notified, and the opposing party does not appear. | |
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