Judge: Armen Tamzarian, Case: 21STCV08677, Date: 2023-10-24 Tentative Ruling

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Case Number: 21STCV08677    Hearing Date: October 24, 2023    Dept: 52

Plaintiff Basilio Nicolas’s Motion to Enforce Settlement

Plaintiff Basilio Nicolas moves to enforce the parties’ settlement agreement and to enter judgment against defendant BGB Distributions, Inc.  “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court... for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.”  (CCP § 664.6(a).) 

The parties stipulated in writing to settle this action.  They signed a “mediator’s proposal” to settle the case for $30,000.  (Sterling Decl., ¶¶ 5-9, Exs. A-B.)  The proposal provides that if no long form settlement agreement is executed, “this executed and accepted Mediator’s Proposal shall be treated as an enforceable, binding settlement agreement pursuant to [Code of Civil Procedure section] § 664.6.”  (Id., Ex. A.)

Defendant opposes this motion only on the basis that it cannot afford to pay the $30,000 in three monthly installments as provided in the settlement agreement.  (Opp., Noorani Decl., ¶ 3.)   That is not a valid reason to deny the motion or to not enter judgment pursuant to Code of Civil Procedure section 664.6. 

Plaintiff Basilio Nicolas’s motion to enforce settlement is granted.  The court enters judgment for plaintiff Basilio Nicolas against defendant BGB Distributions, Inc. in the amount of $30,000.