Judge: Daniel M. Crowley, Case: 22STCV19655, Date: 2024-04-11 Tentative Ruling


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Case Number: 22STCV19655    Hearing Date: April 11, 2024    Dept: 71

Superior Court of California

County of Los Angeles

 

DEPARTMENT 71

 

TENTATIVE RULING

 

ESTHER LIM, 

 

         vs.

 

JAMGLE JAM USA, INC., et al.

 Case No.:  22STCV34320

 

 

 

 Hearing Date:  April 11, 2024

 

Plaintiff Esther Lim’s unopposed motion to enforce the Settlement Agreement entered on September 20, 2023, set aside the dismissal entered on September 20, 2023, and enter judgment pursuant to the terms of the Stipulation for Entry of Judgment executed between Plaintiff and Defendants Jamgle Jam USA, Inc. and Rama McCabe on August 30, 2023, is granted.

 

Plaintiff Esther Lim (“Lim”) (“Plaintiff”) moves unopposed for this Court to set aside the judgment of dismissal entered on September 20, 2023, and enter judgment pursuant to the terms of the Stipulation for Entry of Judgment executed between Plaintiff  and Defendants Jamgle Jam USA, Inc. (“Banks Journal”) and Rama McCabe (“McCabe”) (collectively, “Defendants”) on August 30, 2023, on the grounds the parties entered in a Settlement and General-Release-of-Claims Agreement (“Agreement”) as to the claims asserted by Plaintiff and Defendants have failed to remit full payment of the Settlement Amount to Plaintiff in the manner prescribed by the Agreement.  (Notice of Motion, pg. 1; C.C.P. §664.6.)  The Court interprets the principal thrust of Plaintiff’s motion to be one to enforce the Agreement rather than one to set aside the judgment of dismissal.

 

Background

          On August 30, 2023, the Parties executed an Agreement to settle the claims asserted by Plaintiff against Defendants in the within action.  (Decl. of Zelenski ¶2, Exh. 1.)  The Agreement provides that Defendants shall pay the Settlement Amount called for by the Agreement in sixteen separate installments, with each installment due approximately every two weeks, starting on September 15, 2023. (Decl. of Zelenski ¶2, Exh. 1 at §1.5.)

On September 8, 2023, this Court entered an Order to “retain jurisdiction over the within action and the Parties for purposes of supervising, implementing, enforcing, construing, administering, and interpreting the Agreement . . . under California Code of Civil Procedure section 664.6.”  (9/8/23 Stipulation.) 

Plaintiff filed a Request for Dismissal on September 20, 2023, which was entered by the Clerk that same day.  (9/20/23 Request for Dismissal.)

Defendants have failed to make the second installment payment, which was due on September 29, 2023, and no further payments under the Agreement have been issued to Plaintiff.  (Decl. of Zelenski ¶4.)

Plaintiff filed the instant motion on December 18, 2023.  As of the date of this hearing no opposition has been filed.

 

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 Agreement, which was signed by both parties on August 20, 2023.  (Decl. of Zelenski ¶2, Exh. 1.)  Pursuant to the terms of the Agreement,

In the event that any of the contemplated sixteen installments is not made in full according to the schedule set forth in [the Agreement], Banks Journal and McCabe shall have the opportunity to cure the deficient installment by making the full missed installment within five business days of notice having been provided as set forth in section 3 of th[e] Agreement. In the event that any of the installments is not duly delivered as set forth [in the Agreement], then Lim, in her sole discretion, shall have the right, at any time prior to receipt of the Settlement Amount in full, to extend the period of time for the Settlement Amount to be paid, to enforce this Agreement, or to file the Stipulation for Entry of Judgment attached [to the Agreement] as Exhibit A. 

 

(Decl. of Zelenski ¶2, Exh. 1 at §1.6.)

Defendants failed to make the second installment payment to Plaintiff, which was due on September 29, 2023.  (Decl. of Zelenski ¶4.) On October 5 and 6, 2023, Defendants advised that they would not be remedying the deficient installment payment, and no further payments whatsoever have been made to Plaintiff under the Agreement.  (Decl. of Zelenski ¶4.)

Pursuant to the terms of the settlement Plaintiff wishes to enforce, Plaintiff is entitled to an order (a) setting aside the dismissal that was entered on September 20, 2023, and (b) entering judgment pursuant to the terms of the Stipulation for Entry of Judgment.  Based on the foregoing, Plaintiff’s unopposed motion to enforce the Agreement is granted.

 

Conclusion

Plaintiff’s unopposed motion to enforce the Settlement Agreement entered on August 20, 2023, and set aside the judgment of dismissal entered on September 20, 2023, is granted.  The Court hereby sets aside the dismissal that was entered on September 20, 2023. 

The Court will also enter judgment pursuant to the terms of the Stipulation for Entry of Judgment, but the Court wishes to discuss the judgment at the hearing of this matter. 

 

Dated:  April _____, 2024

                                                                            

Hon. Daniel M. Crowley

Judge of the Superior Court