Judge: Andrew E. Cooper, Case: 22CHCV00292, Date: 2024-05-23 Tentative Ruling

Case Number: 22CHCV00292    Hearing Date: May 23, 2024    Dept: F51

Motion to Enforce Settlement

Motion filed: 01/24/24

MOVING PARTY: Defendant/Cross-Complainant Monica Barkley (“Defendant/Cross-Complainant”)

RESPONDING PARTY: none

NOTICE: ok

RELIEF REQUESTED: Defendant/Cross-Complainant moves for an order and judgment enforcing the terms of the Settlement Agreement and Mutual Release, dated August 10, 2023, (the “Settlement Agreement”) entered into by and between Defendant/Cross-Complainant and Plaintiff/Cross-Defendant Herman Shamalta (“Plaintiff/Cross-Defendant”).

TENTATIVE RULING: The unopposed motion to enforce settlement agreement filed by Defendant/Cross-Complainant is GRANTED. Plaintiff/Cross-Defendant is ordered to pay Defendant/Cross-Complainant attorney fees and costs in the amount of $1,640.00 for enforcing the agreement.

ANALYSIS

Defendant/Cross-Complainant moves pursuant to CCP § 664.6 for an order and judgment enforcing the terms of the Settlement Agreement entered into by and between Defendant/Cross-Complainant and Plaintiff/Cross-Defendant.

Here, it is not disputed (a) that the parties entered into the Settlement Agreement; and that (b) Plaintiff/Cross-Defendant has failed to comply with the terms of the Settlement Agreement including by failing to provide a proper accounting of his rental account and failing to split the proceeds of the rental account with Defendant/Cross-Complainant. (Delaplane Decl. ¶¶ 5, 19, 22; Ex. “A.”) The Court retained jurisdiction in this case to enforce settlement pursuant to section 664.6 based on paragraph 5.5 of the Settlement Agreement. Lastly, the Settlement Agreement at paragraph 5.13 provides for the recovery of attorney fees and costs when any claim, dispute and or litigation arises out of the Settlement Agreement.

The unopposed motion is granted. Attorney fees and costs are awarded in the reduced amount of $1,640.00, representing 4 hours at the reasonable hourly rate of $395, plus $60 filing fee. The reduction is due to the simplicity of the motion and because no opposition was filed thus no reply.

CONCLUSION

The unopposed motion to enforce settlement agreement filed by Defendant/Cross-Complainant is GRANTED. Plaintiff/Cross-Defendant is ordered to pay Defendant/Cross-Complainant attorney fees and costs in the amount of $1,640.00 for enforcing the agreement.