Judge: Armen Tamzarian, Case: 21STCV23690, Date: 2024-06-10 Tentative Ruling

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Case Number: 21STCV23690    Hearing Date: June 10, 2024    Dept: 52

Plaintiff Marina Perez’s  Motion to Enforce Settlement Agreement and Enter Judgment

Plaintiff Marina Perez moves to enforce the parties’ settlement agreement and to enter judgment against defendant Nates Market, Inc. pursuant to Code of Civil Procedure section 664.6.  

Entry of Judgment   

Code of Civil Procedure section 664.6(a) provides, “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.  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.” 

            Plaintiff establishes that the parties agreed in writing to settle the case.  (Danelon Decl., ¶ 4 & Notice of Lodging.)  The agreement provides that plaintiff would release all claims, defendant would release all cross-claims, and defendant would pay plaintiff $30,000.  (Id., ¶¶ 1-4.)  The court therefore has the power to enter judgment pursuant to Code of Civil Procedure section 664.6. 

Plaintiff also presents evidence that defendant did not pay the $30,000 as agreed.  (Danelon Decl., ¶ 20.)  Defendant sent two checks that “did not clear for insufficient funds.”  (Ibid.)  Plaintiff’s counsel further states, “[N]o payments have been received.”  (Id., ¶ 22.) 

Prejudgment Interest

            Plaintiff seeks $3,838.74 in prejudgment interest.  “A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day.”  (Civ. Code, § 3287(a).)  Under the settlement, defendant was required to pay plaintiff $30,000 “[w]ithin Fifteen (15) calendar days after [defendant’s] receipt of a signed copy of this Agreement from Perez and the tax documents specified below.”  (Settlement, ¶ 1.)  Plaintiff therefore was entitled to recover certain damages: $30,000. 

            Plaintiff’s calculation of interest, however, begins too early.  She seeks interest beginning February 28, 2023, because she executed the settlement agreement 15 days earlier on February 13, 2023.  But defendant did not execute it until March 14, 2023.  (Settlement, p. 6.)  Defendant could not have been obligated to pay the settlement amount before it agreed to the settlement in the first place.  Interest therefore began to accrue on March 14, 2023.  Plaintiff is entitled to recover prejudgment interest at a rate of 10 percent on the principal of $30,000 ($8.22 per day) for 454 days from March 14, 2023, to the date of judgment, June 10, 2024, for a total of $3,731.88.

Attorney Fees

            Finally, plaintiff moves for $5,061.50 in attorney fees and expenses incurred making this motion.  The settlement agreement provides, “The prevailing party in any action to enforce this Agreement shall be entitled to attorney’s fees and costs.”  (¶ 16.)  Plaintiff is therefore entitled to expenses including reasonable attorney fees. 

She did not, however, reasonably incur $5,000 in attorney fees.  Plaintiff’s counsel states he spent 10 hours drafting the motion, plus anticipated another 2 hours reviewing the opposition and attending the hearing, at $500 hourly.  (Danelon Decl., ¶ 25.)  This simple motion did not reasonably require 10 hours of work.  Defendant did not file an opposition.  The court finds plaintiff reasonably incurred 6 hours of attorney fees at $500 hourly ($3,000), plus other expenses of $61.50. 

Disposition

            Plaintiff Marina Perez’s motion to enforce settlement and enter judgment is granted.  The court will modify plaintiff’s proposed judgment by striking unnecessary provisions and enter judgment against defendant Nates Market, Inc. in the amount of $36,793.53.