Judge Cherol J. Nellon, Case Number: 22STCV14048, Date: 2024-09-26 Tentative Ruling

Judge: Cherol J. Nellon, Case: 22STCV14048, Date: 2024-09-26 Tentative Ruling

Case Number: 22STCV14048 Hearing Date: September 26, 2024 Dept: 14

#11

Case Background

This is an action for open book account, account stated, and quantum meruit. Plaintiff alleges it had an open book account with Defendants for goods, wares, and merchandise sold and delivered to Defendants which Defendants promised to pay for. Although Plaintiff demanded payment of $40,387.04, Defendants failed to pay this sum.

On April 28, 2022, Plaintiff RNN National LLC dba KSCI Television filed its Complaint against Defendants Bulmaro Gutierrez individually dba 5 Star Media Productions.

On august 17, 2023, Plaintiff filed a notice of settlement.

On August 2, 2024, Plaintiff filed a motion to enforce settlement.

Instant Pleading

Plaintiff moves to enforce settlement and entering judgment against Bulmaro Gutierrez, individually dba 5 Star Media Productions.

Decision

The motion to enforce settlement filed by Plaintiff RNN National, LLC is GRANTED. Plaintiff is to file a proposed judgment, consistent with the terms of the settlement agreement, within 15 days of this order.

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.)

To be enforceable under Code Civ Proc., section 664.6, any written settlement agreement outside of court must be signed by the parties and their counsel. 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 moves to enforce settlement under Code Civ. Proc., section 664.6.

Plaintiff provides the parties’ settlement agreement, which provides that Defendant agreed to pay $15,000 in two payments in April and May 2024. (Motion, Exh. A.) In exchange, Plaintiff and Defendants would release one another from all claims, obligations, or liabilities arising from this suit. (Id.) The agreement contains a clause stating the Court will maintain jurisdiction over this case pursuant to Code Civ. Proc., section 664.6. (Id.) Emails between Defendant and Plaintiff’s counsel show Defendant failed to make payment and thereafter failed to respond to Plaintiff’s counsel’s communications. (Motion, Exh. B; Chow Decl., ¶5.)

Plaintiff’s motion to enforce settlement and enter judgment against Defendant is granted because Defendant failed to perform under the settlement agreement. Additionally, the motion is unopposed. That lack of an opposition amounts to a concession that the motion is meritorious. (See California Rules of Court Rule 3.1113(a); see also Rule 3.1320(f); Herzberg v. County of Plumas (2005) 133 Cal.App.4^th 1, 20 (the party who fails to argue an issue abandons that issue).)

The Court will enter judgment pursuant to the terms of the parties’ settlement agreement.

Conclusion