Judge: Colin Leis, Case: 22STCV38292, Date: 2024-02-27 Tentative Ruling

Case Number: 22STCV38292    Hearing Date: February 27, 2024    Dept: 74

Dr. Greenthumb, Inc. v. Jade Collective

Plaintiff’s 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 December 9, 2022, Plaintiff Dr. Greenthumb (Plaintiff) filed a complaint against Defendant Jade Collective (Defendant).

            In May 2023, the parties entered a settlement agreement.

            On May 25, 2023, the court entered an order retaining jurisdiction to make orders to enforce any and all terms of the settlement agreement under Code of Civil Procedure section 664.6.

            On January 29, 2024, Plaintiff filed this motion to enforce the settlement agreement.

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

            Because Defendant has not complied with the settlement agreement, the court grants Plaintiff’s motion. The agreement requires Defendant to pay Plaintiff $15,000, followed by seven monthly payments of $7,500 and one final payment of $5,910.20. (Rothschild Decl., ¶ 2; Ex. 1, p.2.) However, Defendant has not made any of the payments. (Rothschild Decl., ¶ 5.) In addition, Plaintiff seeks attorney fees under the parties’ settlement agreement. (Rothschild Decl., ¶ 2; Ex. 1, p. 5 [“In the event of any dispute between the parties concerning the terms or interpretation of this Agreement, the party prevailing in such dispute shall be entitled to collect from the non-prevailing party all costs incurred in such dispute, including reasonable attorney’s fees.”].) The court finds Plaintiff’s counsel proposed hourly rate reasonable and he has substantiated his request with a breakdown of work performed. (Rothschild Decl., ¶ 6.)

CONCLUSION 

The court grants Plaintiff’s motion to enforce the settlement agreement and request for attorney fees. The court shall sign Plaintiff’s proposed order filed on January 29, 2024.

Plaintiff shall file and serve a proposed judgment.

Plaintiff shall give notice.