Rogers v. Moses CA2/5

Filed 8/18/20 Rogers v. Moses CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

TASHA ROGERS, B282126

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC563463) v.

ANTONIA MOSES,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Gregory W. Alarcon, Judge. Dismissed. Ronda Baldwin-Kenney for Defendant and Appellant. Riley Law Group, Grant K. Riley, Philip Shakhnis, and Tara Mitcheltree for Plaintiff and Respondent.

I. INTRODUCTION

Defendant Antonia Moses purports to appeal from a postjudgment order denying her motion for reconsideration. We dismiss the appeal on two alternative grounds.

II. BACKGROUND

Plaintiff Tasha Rogers sued her landlord, defendant Antonia Moses, for relocation fees after learning that the one- bedroom unit plaintiff rented from defendant was not a legal rental unit. On November 10, 2014, plaintiff filed her complaint against defendant. Trial began on August 14, 2015. On August 17, 2015, during a recess, the parties agreed to settle the case. The parties stated the terms of the settlement, in which defendant agreed to pay plaintiff $35,000 in installments, on the record. The parties also agreed to sign a stipulation for entry of judgment if defendant failed to make the required payments. Defendant defaulted on the first payment. On October 16, 2015, plaintiff filed a motion for entry of judgment, pursuant to Code of Civil Procedure1 section 664.6. On January 19, 2016, the parties appeared for a hearing on plaintiff’s motion for entry of judgment and the trial court granted the motion. On January 29, 2016, defendant filed a motion for reconsideration pursuant to section 1008, subdivision (a). On February 22, 2016, the trial court entered judgment.