Judge: Colin Leis, Case: 20STCV40507, Date: 2023-10-17 Tentative Ruling

Case Number: 20STCV40507    Hearing Date: March 5, 2024    Dept: 74

Oscar Andrade, et al. v. Viridi Construction, Inc., et al.

Motion to Enforce Settlement.

The court considered the moving papers. No opposition was timely filed. (Code Civ. Proc., § 1005 [“All papers opposing a motion […] shall be filed with the court and a copy served on each party at least nine court days […] before the hearing.”].)

BACKGROUND

            This action arises from a contractual dispute.

            On October 21, 2020, Plaintiffs Oscar Andrade and Ma Del Refugio Guillen Llamas (Plaintiffs) filed a complaint against Defendants Viridi Construction, Inc. and Javier Suarez (Defendants). The complaint alleged breach of contract, negligent misrepresentation, and negligent infliction of emotional distress.

            On October 21, 2022, Plaintiffs filed a notice of settlement.

            On October 31, 2022, Defendants were dismissed.

            On January 11, 2024, Plaintiffs filed this motion to enforce the settlement.

LEGAL STANDARD

            “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.” (Code Civ. Proc., § 664.6.)

DISCUSSION

            In their motion, Plaintiffs contend Defendants have not complied with the terms of the settlement. (Sanzo Decl., ¶ 3.) Moreover, Plaintiffs have provided a copy of the settlement, under which the court retains jurisdiction to enforce the agreement. (Sanzo Decl.; Ex. A, § 15.) But the attached agreement does not include Defendants’ signatures. (Sanzo Decl.; Ex. A.) Consequently, Plaintiffs have not demonstrated that Defendants entered the settlement agreement in the first place.

CONCLUSION 

The court denies Plaintiffs’ motion.

Plaintiffs are ordered to give notice.