Judge: Daniel M. Crowley, Case: 21STCV12244, Date: 2023-05-17 Tentative Ruling

Department 71: Attorneys who elect to submit on these published tentative rulings, without making an appearance at the hearing, may so notify the Court by communicating this to the Department's staff at (213) 830-0771 before the set hearing time.  See, e.g., CRC Rule 324(b).   All parties are otherwise encouraged to appear by Court Call for all matters.

Case Number: 21STCV12244    Hearing Date: May 17, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff’s unopposed motion to enforce the remaining balance on the Settlement Agreement is granted in the amount of $11,500.00.  Plaintiff is entitled to an award of reasonable attorneys’ fees and costs incurred in connection with bringing the instant motion in the amount of $1,095.00. Plaintiff is entitled to a total judgment of $12,595.00, payable within 15 days of this order. 

          Plaintiff Misael Lopez (“Lopez”) (“Plaintiff”) moves for an order enforcing the settlement between Plaintiff and Defendants OMG Marketing Ventures, Inc. (“OMG”), Carmen Gonzalez (“Carmen”), and Oscar Gonzalez (“Oscar”) (collectively, “Defendants”) (“Settlement”).  (Notice of Motion, pgs. 1-2; C.C.P. §664.6.)  Specifically, Plaintiff requests the Court enforce the Settlement due to Defendants’ failure to perform its obligations under the settlement agreement fully executed by Plaintiff on September 19, 2022, and by Defendants on September 23, 2022.  (Notice of Motion, pg. 1.)

          Background

          On March 30, 2021, Plaintiff filed his complaint against Defendants alleging seventeen causes of action related to his former employment by Defendants.  On September 7, 2022, the parties attended mediation through the Court Resolve Law LA program and reached a settlement.  (Decl. of Yoosefian ¶6.)  On September 23, 2022, the parties entered into a written settlement agreement (“Settlement Agreement”) where Defendants were to pay a total of $22,500.00 in one (1) installment payable within thirty (30) days of fully executing the Settlement Agreement.  (Decl. of Yoosefian ¶¶7, 8, 9, Exh. 1.)   The entire settlement amount was to be paid by October 24, 2022.  (Decl. of Yoosefian ¶9.)  Defendants made a payment of $11,000.00 but have not paid the remaining balance of $11,500.00.  (Decl. of Yoosefian ¶12.)  To date, Defendants have no made full and complete payment pursuant to the terms of the Settlement Agreement.  (Decl. of Yoosefian ¶16.)  On November 29, 2022, Plaintiff filed the instant motion.  As of the date of this hearing, Defendants have not filed an opposition.

          Motion to Enforce Settlement

          C.C.P. §664.6 provides, as follows: “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.”

          Plaintiff submitted evidence Plaintiff and Defendants entered into the Settlement Agreement, which was signed by Plaintiff on September 19, 2022, and signed by Defendants on September 23, 2022, with an effective date of September 23, 2022.  (Decl. of Yoosefian ¶8, Exh. 1.)  Pursuant to the Settlement Agreement, Defendants agreed to pay Plaintiff $22,500.00 “no later than the first business day thirty (30) days after: (a) the full execution of the Agreement by the Parties; and (b) receipt by counsel for Defendants of a copy of Yoosefian Law Firm, P.C.’s W-9 form.”  (Decl. of Yoosefian, Exh. 1 at §1.1.)   Plaintiff submitted evidence that Defendants made a payment of $11,000.00 but have not paid the remaining balance of $11,500.00, which they still owe.  (Decl. of Yoosefian ¶¶12, 13.) Plaintiff asserts the payment due date was October 24, 2022.  (Decl. of Yoosefian ¶9.)  The parties agreed the Settlement would be enforceable in accordance with C.C.P. §664.6 and that the Court shall retain jurisdiction to enforce it.  (Decl. of Yoosefian ¶17, Exh. 1 at §8.0.)  Plaintiff submitted evidence Defendants have failed to perform under the Settlement.  (Decl. of Yoosefian ¶17.)  Accordingly, Plaintiff submitted evidence Defendants breached the Settlement, and Plaintiff is entitled to an order enforcing the Settlement and entering judgment against Defendants.

Based on the foregoing, Plaintiff’s unopposed motion to enforce the Settlement Agreement against Defendants is granted in the amount of $11,500.00.

          Attorneys’ Fees

As the prevailing party, Plaintiff is entitled to an award of reasonable attorneys’ fees incurred in enforcing the Settlement Agreement.  (Decl. of Yoosefian, Exh. 1 at §8.0.)  The parties agreed that the prevailing party in any action to enforce any term of the Settlement shall be entitled to reasonable attorneys’ fees and costs.  (Decl. of Yoosefian, Exh. 1 at §8.0.)  Plaintiff’s counsel declares he spent 2.3 hours preparing the instant motion and paid the filing fees for filing this motion.  (Decl. of Yoosefian ¶18.)  Plaintiff’s counsel declares his hourly rate is $450.00/hour.  (Decl. of Yoosefian ¶18.)  Based on the Court’s experience, Plaintiff’s rates are reasonable.  Plaintiff is awarded $1,035.00 in attorneys’ fees and $60.00 in costs, for a total of $1,095.00 in fees and costs pursuant to the terms of the Settlement Agreement.

Conclusion

Based on the foregoing, Plaintiff’s unopposed motion to enforce the Settlement Agreement and enter judgment against Defendants in the amount of $11,500.00 is granted.  Plaintiff is entitled to an award of reasonable attorneys’ fees and costs incurred in connection with bringing the instant motion in the amount of $1,095.00, for a total judgment of $12,595.00, payable within 15 days of this order.

Dated:  May _____, 2023

Hon. Daniel M. Crowley

Judge of the Superior Court