Judge: Craig Griffin, Case: Jaojoco vs. Yussuf, Date: 2022-12-05 Tentative Ruling

The Motion for Entry of Judgment, filed on 8/3/22 by Plaintiff Romeo Jaojoco (“Plaintiff”), requesting entry of judgment in the amount of $78,105.97 against defendants Beneficial Home Health Services, Inc. (“BHHS”) and Amal Yussuf (“Yussuf”) is GRANTED, pursuant to C.C.P. § 664.6. 

The Motion demonstrates that:

(a) The parties reached a settlement agreement which was entered as an Order on 3/25/21, and provided for jurisdiction to be retained to enforce it under C.C.P. § 664.6 (see Osborn Decl. ¶¶ 2-3 and Ex. A);

(b) Pursuant to that settlement, the parties agreed to seek a judicial determination as to prevailing party status, and that the prevailing party could then seek an award of attorney’s fees and costs in accordance with the underlying contract (Id.);

(c) The parties did then seek a determination as to prevailing party status, upon which Plaintiff prevailed (Id. at ¶ 5 and Ex. B; see also M.O. of 9/27/22); 

(d) Plaintiff was thereafter awarded costs in the sum of $5669.27 and reasonable attorney’s fees in the sum of $72,436.70 for a total award of fees and costs in the sum of $78,105.97 (Id. at ¶ 6, Ex. D; see also M.O. of 4/4/22); and

(e) Although the other sums to be paid under the settlement agreement were paid, the fees and costs as awarded remain outstanding, despite efforts to communicate with defense counsel to obtain compliance (Id. at ¶¶6, 7, Exs. D-F.)

Based on the foregoing, Plaintiff has demonstrated that judgment should be entered against the defendants, jointly and severally, in the amount of $78,105.97, in accordance with the terms of the parties’ settlement agreement, the resulting 3/25/21 Order, and C.C.P. § 664.6.  Defendants evidently do not dispute that this is so, as the Motion remains unopposed. The Motion is therefore GRANTED.

Counsel for Plaintiff is to submit a proposed Judgment which comports with the foregoing within 15 days, and give notice of this ruling.