Case Number: BC603374 Hearing Date: March 09, 2018 Dept: 92

KA JIN JUNG, an Individual,

Plaintiff,

vs.

SUE H. LEE, et al.

Defendants.

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Case No.: BC603374

[TENTATIVE] ORDER DENYING PLAINTIFF’S MOTIONS FOR JUDGMENT AND DISMISSAL

Dept. 92

1:30 p.m.

March 9, 2018

On July 28, 2017, Plaintiff Ka Jin Jung served upon Defendants Sue H. Lee and Edwin Lee offers to compromise pursuant to CCP § 998. Plaintiff sought $2,000 from each. On August 24, 2017, both Defendants filed notices of acceptance of the offer.

Pursuant to CCP § 998(b)(1), “If the offer is accepted, the offer with proof of acceptance shall be filed and the clerk or the judge shall enter judgment accordingly.” However, the parties are also supposed to file with the Court “a written judgment for the court’s signature.” (See Weil & Brown, Cal. Pract. Guide: Civ. Proc. Before Trial (Rutter Group 2017) § 12:640; CRC, Rule 3.250(a)(23).) There is no record that Plaintiff or Defendants filed the requisite proposed judgment, and accordingly, no judgment has ever been entered as to either Defendant.

On November 10, 2017, Plaintiff sent letters to Defendants’ counsel, demanding that each Defendant pay the $2,000 by November 30, 2017, or Plaintiff would demand a $10,000 settlement instead. (Exh. C.) Defendants have still not paid Plaintiff as of February 5, and Plaintiff therefore requests that the Court enter judgment against each Defendant in the amount of $10,000.

As an initial matter, Plaintiff’s request is entirely unsupported by law. There is no basis for a party to unilaterally increase a settlement amount based on failure to meet a unilaterally imposed deadline. Second, no judgment was ever entered based off the original $2,000 agreement to settle, so it is unclear whether Plaintiff is even entitled to the lesser amount of $2,000. Third, this suit was dismissed on January 10, 2018, due to Plaintiff’s failure to prepare for trial as to the other remaining defendants. Accordingly, it appears Plaintiff lacks standing to bring the instant motion.

For the foregoing reasons, Plaintiff’s motion to enter judgment and dismiss defendants is DENIED.

Moving party to provide notice.

Dated this 9th day of March, 2018

Hon. Marc Gross

Judge of the Superior Court