Judge: Anne Hwang, Case: 21STCV31014, Date: 2024-01-08 Tentative Ruling

Case Number: 21STCV31014    Hearing Date: January 8, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

Plaintiff Aurora Castillo (Plaintiff) now moves to enforce a purported settlement agreement pursuant to Code of Civil Procedure section 664.6 with Defendants Manuel R. Soto, Oswaldo Soto, and Carlos H. Soto (Defendants). No opposition has been filed.

LEGAL STANDARD

Pursuant to Code of Civil Procedure section 664.6, “if parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.  If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.”  “Section 664.6 was enacted to provide a summary procedure for specifically enforcing a settlement contract without the need for a new lawsuit.”  (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 809.)  A writing is signed by a “party” if signed by any of the following: “(1) The party; (2) An attorney who represents the party; or (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf.” (Code Civ. Proc. § 664.6.)    

To be enforceable under Code of Civil Procedure section 664.6, any written settlement agreement outside of court must be signed. An agreement to settle under section 664.6 cannot be enforced unless it is signed by all of the litigating parties to the agreement. (J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 Cal.App.4th 974, 985.) Although the Court may adjudicate disputes over the terms of the settlement agreement, the Court may not modify terms from what was agreed to by the parties. (Machado v. Myers (2019) 39 Cal.App.5th 779, 797.) 

DISCUSSION

Plaintiff argues that on August 1, 2023, the parties entered into an oral agreement during mediation to settle the present case for $12,000. (Keshmiri Decl., Exh. 1.) Plaintiff further contends that on July 5, 2023, Defendants orally stated before the Court that “[t]here is an agreement and the Defendant has settled the amount with plaintiff.” (Motion, 4–5.) Plaintiff also asserts that Defendants have not signed the Settlement Agreement and have not tendered the first two payments agreed to in mediation. (Motion, 5.)

However, Plaintiff does not submit proof that Defendants signed the agreement or orally stipulated before the Court. Instead, Plaintiff’s counsel provides a declaration stating: “Defense counsel appeared at the FSC on September 3, 2023 and told the Court the case had "settled" and had the case dismissed, knowingly full well that the settlement agreement was not entered or signed by his clients.” (Keshmiri Decl. ¶ 6.) However, there is no record of a hearing on September 3, 2023 (or on July 5, 2023) and no record of the terms of the settlement orally presented to the Court.

Accordingly, the motion to enforce settlement pursuant to Code of Civil Procedure 664.6 is denied.

CONCLUSION AND ORDER

Therefore, Plaintiff’s motion to enforce settlement is DENIED. 

            Plaintiff shall give notice of the Court’s order and file a proof of service of such.