Joseph Eugene Scialfa v. Roseark, Inc.

(Spring Street Courthouse: Dept. 26) August 20, 2026 DEPARTMENT 26 LAW AND MOTION RULINGS

If you desire to submit on the Court's tentative ruling, you may do so by e-mailing Department 26 at the Spring Street Courthouse until the morning of the motion hearing. The e-mail address is [email protected] The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent.

Please note that if you submit on the court's tentative ruling and do not appear, another party may appear to argue and the court may change its tentative ruling after the oral argument. If there are no appearances by either side and no submission on the Court's tentative ruling, the court will adopt its tentative ruling as its final ruling.

The deadline for a party to withdraw a pending motion, or take it off calendar, is TWO COURT DAYS before the hearing on the motion. The court will enter its tentative ruling on motions that remain on calendar after that deadline.

Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries to this e-mail will not receive a response.

Parties may schedule remote appearances for hearings on motions via LACourtConnect (https://mylacourt.org/laccwelcome). Remote appearances are not permitted for trial or Applications for Order for Appearance and Examination proceedings absent leave of court. **Please note we no longer use CourtCall**

Plaintiff Joseph Eugene Scialfa's Motion to Enforce Settlement Agreement and for Entry of Judgment is denied.

Analysis: On July 31, 2025, Plaintiff Joseph Eugene Scialfa ("Plaintiff") filed this action against Defendant Roseark, Inc. ("Defendant"). Proof of Substitute Service of the Summons and Complaint was filed on August 27, 2025. On October 1, 2025, Plaintiff filed a Notice of Settlement of Entire Case. At the Order to Show Cause Re: Dismissal (Settlement) on December 1, 2025, the Court dismissed the action and retained jurisdiction pursuant to Code of Civil Procedure section 664.6. (Minute Order, 12/01/25.)

On February 2, 2026, Plaintiff filed the instant Motion to Enforce Settlement Agreement and for Entry of Judgment. At the initial hearing on July 14, 2026, the Court ruled that the Motion could not be granted because it lacked proof of service showing that Plaintiff served Defendant with notice of the Motion and the hearing date. (Minute Order, 07/14/26.) The Court also ruled that Defendant's first appearance fee must be paid. (Ibid.)

The Court ordered Plaintiff to file proof of service of the Motion and of the new hearing date by August 6, 2026, and for Defendant's first appearance fee to be paid by August 17, 2026. To date, however, neither appears in the Court's records.

Therefore, Plaintiff Joseph Eugene Scialfa's Motion to Enforce Settlement Agreement and for Entry of Judgment is denied. Judicial Assistant to give notice. | Home -->)" -->