Judge: Armen Tamzarian, Case: 22STCV15743, Date: 2023-12-05 Tentative Ruling

Case Number: 22STCV15743    Hearing Date: December 5, 2023    Dept: 52

Plaintiff Yolanda Perez’s Motion to Enforce Settlement Pursuant to CCP § 664.6 and for Attorney’s Fees and Costs

Plaintiff Yolanda Perez moves to enforce the parties’ settlement agreement and to enter judgment against defendant Color Story Textile, 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).) 

Plaintiff has fulfilled the requirements of Code of Civil Procedure section 664.6.  The parties stipulated in writing to settle this action.  They signed a settlement agreement in March 2023.  (Villarreal Decl., ¶¶ 2-3, Ex. A.)  They further signed an addendum to the agreement in June 2023.  (Id., ¶¶ 12-13, Ex. E; ¶¶ 24-25, Ex. J.)  Defendant agreed to pay plaintiff $60,000 in three installments.  (Id., Ex. E.)  Defendant further agreed that if it did not timely pay, plaintiff may submit a stipulation for entry of judgment and proposed judgment.  (Id., Ex. J.) 

Defendant did not make any payments required under the parties’ agreements.  (Villarreal Decl., ¶ 27.)  Plaintiff has moved to enter judgment pursuant to the terms of the parties’ agreement.  Plaintiff served this motion on defendant, who did not oppose it.  The court will therefore enter judgment. 

Plaintiff also seeks $3,212.10 in attorney fees and costs incurred in bringing this motion.  Plaintiff may recover reasonable attorney fees and costs pursuant to the parties’ settlement agreement.  The agreement provides, “If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs for material breaches of this Agreement.”  (Villarreal Decl., Ex. A, § 4.i.)  Plaintiff prevailed in this proceeding to enforce the settlement agreement. 

Plaintiff did not, however, reasonably incur $3,212.10 in expenses.  Plaintiff claims attorney fees for 5.48 hours drafting the moving papers and 2.5 hours anticipated to review the opposition and prepare a reply and to prepare for and attend the hearing.  (Villarreal Decl., ¶ 28.)  Plaintiff claims an hourly rate of $395.  (Id., ¶ 30.)  Drafting this simple motion did not reasonably require 5.48 hours of work.  Furthermore, defendant did not oppose the motion.  Plaintiff filed only a notice of non-opposition, not a reply brief.  The court therefore finds plaintiff reasonably incurred 5.0 hours of attorney fees at $395 hourly, plus the $60 filing fee (id., ¶ 31), for a total of $2,035 in expenses.

Plaintiff Yolanda Perez’s motion to enforce settlement is granted.  The court will enter judgment for plaintiff Yolanda Perez against defendant Color Story Textile, Inc. in the amount of $62,035.