Judge: Colin Leis, Case: 24STCV25283, Date: 2025-01-27 Tentative Ruling

Case Number: 24STCV25283    Hearing Date: January 27, 2025    Dept: 74

Klein v. Rylist, Inc. et al.

Defendants Rylist, Inc and Steve Zamarripa’s Motion to Enforce Settlement

BACKGROUND 

This motion arises from an employment and wrongful termination action.

Plaintiff Diahann Klein (Plaintiff) filed a complaint against her employers Rylist, Inc and Steve Zamarripa (Defendants) alleging sexual harassment, gender discrimination, age discrimination, retaliation and wrongful termination.

Parties attended mediation before the filing of the complaint.  The mediator provided a proposal for settlement.  Plaintiff then filed the complaint.

Defendants seek to enforce the mediator’s proposal as a settlement.

DISCUSSION

            All evidentiary objections are preserved.

Defendants seek to enforce an unsigned and unconsented to mediator’s proposal.  Defendants fail to include a signature page for the alleged settlement agreement, or even an email signifying that a final version of the settlement agreement was reached.  (Sweiss Decl., Ex. “A” - “M”.)  Defendants’ emails at best suggest that the parties were involved in settlement negotiations which were unsuccessful. 

            For a settlement agreement to be enforceable under California Civil Procedures section 664.6, the settlement agreement must either be signed by the parties or made orally before the court.  Defendant presents no evidence that the writing was signed or agreed to by both parties. Additionally, the mediator’s proposal is in and of itself not enforceable as a stand-alone agreement because confidentiality of mediation makes the proposal’s terms, which the parties did not sign, inadmissible. Because Defendants fail to show that the parties entered into a settlement agreement, the Court denies Defendants’ motion.

Frivolous Sanctions

            A motion for sanctions under California Code of Civil Procedure section 128.5 must be made separately from any other motion or request.  (Code of Civ. Proc. § 128.5(f)(1)(A).) Accordingly, the Court declines Plaintiff’s request that the Court impose sanctions against Defendants.

CONCLUSION

            The Court denies Defendants’ Motion to Enforce Settlement.

            Defendants to give notice.