Judge: Curtis A. Kin, Case: BC684588, Date: 2022-12-20 Tentative Ruling

Case Number: BC684588    Hearing Date: December 20, 2022    Dept: 72

MOTION TO ENFORCE SETTLEMENT

Date:               12/20/22 (8:30 AM)

Case:               Tatiana Solomon et al. v. 404 N. Maple Dr., LLC et al. (BC684588)

TENTATIVE RULING :

Defendants Standard Management Company; 404 N. Maple Dr., LLC; and Samuel Freshman’s Motion to Enforce Settlement Agreement is DENIED.

Pursuant to CCP § 664.6(a), defendants move to enforce the terms of the settlement purportedly reached between the parties on August 9, 2022. CCP § 664.6(a) states: “If parties to pending litigation stipulate, in a writing signed by the parties outside of 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.”

Defendants present the Settlement Agreement and Release (“Settlement Agreement”), which is to be filed under seal pursuant to the Court’s ruling on December 15, 2022. (12/15/22 Minute Order.) Plaintiff signed the Settlement Agreement. However, defendants’ signatures do not appear on the agreement.

“A written settlement agreement is not enforceable under section 664.6 unless it is signed by all of the parties to the agreement, not merely the parties against whom the agreement is sought to be enforced.” (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.) Defendants 404 N. Maple Dr., LLC; Standard Management Company; and Samuel Freshman, individually and as trustee of the S and A Freshman Trust, U/T/A 6/28/89 are parties to the Settlement Agreement, but neither their signatures nor the signatures of their counsel appear on the agreement. (See CCP § 664.6(b)(2) [writing signed by party includes one signed by an attorney presenting the party].)

Defendants cannot satisfy CCP “section 664.6's signature requirement simply by adding its signature to a document that does not call for it.” (Sully-Miller, 103 Cal.App.4th at 37.) The Settlement Agreement does not provide any signature lines for defendants to sign. The last page, “8 of 8” according to the bottom right-hand corner of the page, only includes signature lines for plaintiff and plaintiff’s settlement counsel. (See Vozniouk Decl. ¶ 7 [stating that plaintiff hired counsel to “attempt to negotiate a settlement].)

“Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” (Sully-Miller, 103 Cal.App.4th at 37.) Because defendants’ signatures do not appear on the Settlement Agreement that they seek to enforce, the motion is DENIED.