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Tentative Ruling: Partners Personnel - Management Services LLC vs Centricity Labs

Case Number

24CV00564

Case Type

Civil Law & Motion

Hearing Date / Time

Mon, 03/16/2026 - 10:00

Nature of Proceedings

Motion: Judgment

Tentative Ruling

This is a motion to enforce settlement and to enter judgment filed by plaintiff Partners Personnel – Management Services LLC against defendant Centricity Labs.

Plaintiff filed its complaint in this matter on February 1, 2024; plaintiff filed service of summons and complaint on February 8, showing service on February 2. No appearance was made by defendant. On April 19, plaintiff filed a notice of settlement of the entire action. Nothing occurred in this action until December 3, 2025, when plaintiff filed this motion.

The proof of service of the motion shows that service was made by mail on the agent for service of process for defendant. However, the settlement agreement that plaintiff seeks to enforce states:

“All notices, consents, demands or other communications of any type under this

Settlement Agreement shall be in writing and shall be deemed effectively delivered when delivered to the addresses below by reputable overnight courier service for overnight delivery and emailed to the person(s) identified below ….” (Canty decl., attachment 1, p. 16.)

In the declaration supporting this motion, counsel for plaintiff states that on December 3, 2025, she provided notice of this motion by email and “[i]f receipt is not acknowledged, I will timely effectuate personal service.” (Canty decl., ¶ 12.)

The proof of service does not show proof of service either by personal service (as stated in the declaration) or by overnight courier (as required by the settlement agreement in addition to electronic service).

This motion will be continued to April 27, 2026, for the required service. Service of the moving papers and notice of continuance shall be served on defendant on or before March 30, 2026, and proof of such service filed on or before April 3, 2026. Opposition and reply shall be as filed and served as required by Code of Civil Procedure section 1005 based on the April 27, 2026, hearing date.

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