April 3, 2019 Law and Motion Calendar PAGE 9 Judge: HONORABLE SUSAN GREENBERG, Department 03 ________________________________________________________________________ 9:00 LINE: 8 CIV471395 CYNTHIA TURNER-HALL VS. SYNDEY HALL

CYNTHIA TURNER-HALL SYDNEY HALL
PRO/PER DAWN M. WARD

SYDNEY HALL’S MOTION FOR ENFORCEMENT OF JUDGMENT AWARDING REAL PROPERTY TO DEFENDANT TENTATIVE RULING:

Defendant “Motion for Enforcement of Judgment” is DENIED.

Defendant’s motion is procedurally defective and improper. Defendant has not provided the court with a code-complaint proof of service indicating that the moving papers were timely served on Plaintiff. Additionally, Defendant has not provided a copy of the stipulated judgment with the moving papers. Further, Defendant has not provided a proposed order. Most significantly, however, Defendant provides no authority for the relief that he seeks; i.e. enforcement of a non-money judgment. The court notes that lack of compliance with a non-money judgment is generally enforced through contempt proceedings. CCP § 1209(a)(5).

Further, the court notes that the merits of Defendant’s motion are dubious. Defendant’s counsel admits, in her declaration, that “Defendant did not refinance the real property following entry of judgment . . .” as required pursuant to the parties’ stipulated judgment. Defendant has provided no authority indicating a party can obtain specific performance when that party has not performed its obligations under the parties’ agreement.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.