Judge: Daniel M. Crowley, Case: 22STCV08341, Date: 2024-01-10 Tentative Ruling

Case Number: 22STCV08341    Hearing Date: January 10, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff’s unopposed motion to enforce the settlement and enter judgment against Defendant Sergio Villanueva-Arrivillaga in the amount of $34,871.77 is granted. 

          Plaintiff TD Bank, N.A. (“TD Bank”) (“Plaintiff”) moves for entry of judgment against Defendant Sergio Villanueva-Arrivillaga (“Villanueva-Arrivillaga”) (“Defendant”) on the grounds that Defendant entered into a Stipulation for Settlement with Plaintiff (“Settlement”) but has failed to comply with the terms of the Settlement.  (Notice of Motion, pg. 1; C.C.P. §664.6.)

          Background

          On March 8, 2022, Plaintiff filed its complaint against Defendant alleging a single cause of action for breach of contract.  On May 11, 2023, the parties entered into a stipulated settlement agreement (“Settlement Agreement”).  (Decl. of Chen ¶2, Exh. A.)  The Settlement Agreement states that in the event of default by Defendant, Defendant agrees that the damages owed to Plaintiff are $27,381.05 damages, $5,715.99 interest, $1,912.86 attorneys’ fees, and $661.87 court costs, for a total of $35,671.77, les any amounts paid.  (Decl. of Chen ¶2, Exh. A at ¶1.)  The Settlement Agreement calls for Defendant to pay Plaintiff $27,381.05 with $200.00 due by May 20, 2023, and starting on June 20, 2023, and every 20th of the month, Defendant would pay Plaintiff $200.00 until the balance was paid in full.  (Decl. of Chen ¶2, Exh. A at ¶2.)  On May 16, 2023, this Court signed an order dismissing the entire action without prejudice, with the court retaining jurisdiction for the purpose of enforcing the terms of the Settlement Agreement.  Defendant became past due on the September 20, 2023, payment.

On November 15, 2023, Plaintiff filed the instant motion.  As of the date of this hearing, Defendant has 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 Defendant entered into the Settlement Agreement, which was signed by Plaintiff on May 11, 2023, and signed by Defendant on May 10, 2023.  (Decl. of Chen ¶2, Exh. A.)  Plaintiff submitted evidence that the payment due on September 20, 2023, has not been received, and therefore Defendant is in default of the requirement under the Settlement Agreement to make monthly installments.  (Decl. of Chen ¶¶3-4, Exh. B.)  Pursuant to the Settlement Agreement, Plaintiff is entitled to recover $34,871.77 from Defendant.  (Decl. of Chen ¶¶2, 5, Exh. A at ¶1.)  The parties agreed the Settlement Agreement would be enforceable in accordance with C.C.P. §664.6 and that the Court shall retain jurisdiction to enforce it.  (Decl. of Chen ¶2, Exh. 1 at ¶10.)  Plaintiff submitted evidence Defendant has failed to perform under the Settlement Agreement.  (Decl. of Chen ¶3.)  Accordingly, Plaintiff submitted evidence Defendant breached the Settlement Agreement, and Plaintiff is entitled to an order enforcing the Settlement and entering judgment against Defendant.

Based on the foregoing, Plaintiff’s unopposed motion to enforce the Settlement Agreement against Defendant is granted in the amount of $34,871.77.

Conclusion

Based on the foregoing, Plaintiff’s unopposed motion to enforce the Settlement Agreement and enter judgment against Defendant in the amount of $34,871.77 is granted.

Moving Party to give notice.

Dated:  January _____, 2024