Judge: Curtis A. Kin, Case: 20STCV45519, Date: 2023-01-31 Tentative Ruling

Case Number: 20STCV45519    Hearing Date: January 31, 2023    Dept: 72

MOTION TO ENTER JUDGMENT PURSUANT TO WRITTEN SETTLEMENT AGREEMENT

Date:               1/31/23 (8:30 AM)

Case:               Sebastian Cos Ralac v. Nissan North America, Inc. et al. (20STCV45519)

TENTATIVE RULING:

Plaintiff Sebastian Cos Ralac’s Motion to Enter Judgment and for Monetary Sanctions is DENIED.

On September 2, 2022, the Court dismissed this matter without prejudice. The parties did not request and the Court accordingly did not decide to retain jurisdiction under CCP 664.6 to enforce the settlement agreement between the parties.

Thereafter, on December 27, 2022, plaintiff brought the instant motion to enter judgment pursuant to written settlement agreement, contending defendant has failed to comply with the terms of their settlement agreement. Simply put, the Court lacks jurisdiction to entertain the instant motion.  The case has been dismissed, and the Court did not retain jurisdiction over the matter to enforce the parties’ settlement agreement.  (Wackeen v. Malis (2002) 97 Cal.App.4th 429, 441.)

The motion is DENIED.