Martyn Pickering vs John Stump et al

Case Number

24CV00097

Case Type

Hearing Date / Time

Mon, 10/27/2025 - 10:00

Nature of Proceedings

CMC; Motion: Entry of Judgment

Tentative Ruling

Motion for Entry of Judgment/Enforcement of Settlement

On March 24, 2025, the parties reached a settlement agreement which was acknowledged and affirmed before the court. On March 26, the parties stipulated, and the court entered as its order, that the court retain jurisdiction under Code of Civil Procedures section 664.6.

On July 24, 2025, plaintiff Martyn Pickering, then represented by counsel, filed his motion to enter judgment pursuant to the settlement agreement under section 664.6. The motion was noticed for this hearing date. However, neither the motion nor the accompanying declaration of counsel shows proof of service of the motion or declaration on the defendant. Additionally, the declaration of counsel states that the settlement is attached as exhibit B, but no exhibits are attached to either the motion or declaration.

On August 26, 2025, counsel for plaintiff substituted out, leaving Pickering self-represented.

On October 17, 2025, Pickering filed a “Status Declaration.” Attached to the Status Declaration is a proof of service by mail on the defendant John Stump of that document. None of these documents indicate that service was made on defendant Stumpco, Inc. (a now-unrepresented corporate defendant).

Because of the lack of service and missing exhibits, the motion cannot go forward at this time. Hearing on the motion will be continued to January 12, 2026, at 10:00 a.m. On or before November 24, 2025, Pickering shall file any supplemental moving papers in support of the motion and shall serve all papers in connection with the motion (including both the original and supplemental papers).