Judge: Armen Tamzarian, Case: BC716702, Date: 2023-02-14 Tentative Ruling

Case Number: BC716702    Hearing Date: February 14, 2023    Dept: 52

Plaintiff Jorge Antonio Pena’s Motion to Enforce Settlement Agreement

Plaintiff Jorge Antonio Pena moves to enter judgment against defendant RHC Automotive, Inc. pursuant to the parties’ settlement agreement.  “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.”  (CCP § 664.6(a).)

In July 2022, the parties agreed to settle this case for $27,000 paid in monthly installments.  (Ramirez Decl., ¶ 2, Ex. A, ¶ 7.)  The agreement provides, “The Court shall retain jurisdiction to enforce this agreement pursuant to California Code of Civil Procedure §664.6, et seq.”  (Ramirez Decl., Ex. A, ¶ 1.) 

Defendant RHC Automotive, Inc. has not fully performed under the settlement agreement.  It did not make the monthly installment payments due from September through December 2022.  (Ramirez Decl., ¶¶ 4, 10.)  Defendant has paid only $3,000 of the $27,000 gross settlement amount.  (Id., ¶ 11.)  Defendant therefore owes a balance of $24,000.

            Plaintiff also moves for $6,810 in expenses in making this motion.  The settlement agreement provides that, when enforcing the agreement pursuant to Code of Civil Procedure section 664.6, “the Court shall award the prevailing party costs including reasonable attorneys’ fees.”  (Ramirez Decl., Ex. A, ¶ 1, pp. 1-2.)

            The court finds plaintiff did not reasonably incur all expenses he claims.  Plaintiff’s counsel states, “I spent, or anticipate spending, at least 10 hours” at $675 hourly “in communicating with opposing counsel, preparing the motion and declaration, preparing a reply in support of the motion, and appearing at the hearing.”  (Ramirez Decl., ¶ 14.)  This motion was simple.  The memorandum of points and authorities is just over two pages.  Defendant did not oppose the motion, and plaintiff did not file a reply.  The court finds plaintiff reasonably incurred five hours of attorney fees at $675 hourly, plus the $60 filing fee, for a total of $3,435.

Under Code of Civil Procedure section 664.6, the court will enter judgment for plaintiff against defendant RHC Automotive, Inc. in the amount of $27,435 (for the $24,000 balance due under the settlement plus $3,435 in expenses). 

The motion is granted.  Plaintiff is ordered to file a proposed judgment for the court’s signature forthwith.  The court hereby sets an Order to Show Cause re: Entry of Judgment for March 6, 2023, at 8:30 a.m.