Judge: Daniel M. Crowley, Case: 24STCV04960, Date: 2025-04-15 Tentative Ruling

Case Number: 24STCV04960    Hearing Date: April 15, 2025    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff Timothy Bruce Whitlow, Sr.’s Motion to Enforce Settlement is moot. Attorney fees are denied.

Plaintiff Timothy Bruce Whitlow, Sr. (“Whitlow” or “Plaintiff”) moves to enforce the Stipulated Judgment and Settlement Agreement pursuant to CCP § 646.6 against Defendants Marc D. Finnie and Cram Properties LLC (collectively, “Defendants”), for an order holding Defendants in contempt, and for attorney’s fees and costs in the amount of $3,540.50. The motion is unopposed.

Background

On February 28, 2024, Plaintiff filed this action against Defendants for fraud, breach of contract, common count, accounting, negligent misrepresentation, violation of Business and Professions Code §17200, intentional infliction of emotional distress, and declaratory relief.

On October 4, 2024, the parties filed a Stipulation for Entry of Judgment and Stipulation for Court to Retain Jurisdiction Pursuant to CCP § 664.6, which was signed by the Court as a Final Judgment on the same date.

On December 20, 2024, Plaintiff filed the instant motion to enforce the stipulated judgment and settlement agreement. The motion is unopposed.

Legal Standard

Code of Civil Procedure § 664.6 provides that “[i]f 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.” (Code Civ. Proc., § 664.6.)

Discussion

Here, the stipulation provides that Defendants shall pay Plaintiff $350,000, with the first installment payment of $100,000 due on or before November 1, 2024. Defendants have failed to make this payment and have not opposed the motion. While Defendants are in default of the agreement, a Final Judgment has already been signed and entered by the Court for $350,000 against Defendants. Thus, it is unclear what further judgment Plaintiff is requesting. The motion appears moot.

Plaintiff requests attorney’s fees in the amount of $3,540.50 pursuant to the terms of the agreement. While the agreement appears to have an attorney’s fees provision, both the stipulation and final judgment do not. Further, the motion is moot as a final judgment has already been entered, thus Plaintiff is not the prevailing party for purposes of the provision in the settlement. (Carpinelli Decl., ¶4, Exh. B, Settlement Agreement ¶5.)

Plaintiff also requests that Defendants be held in contempt. The Court finds that Plaintiff has not established that Defendant’s non-payment of the settlement is a deliberate disobedience of a court order. 

Conclusion

Plaintiff Timothy Bruce Whitlow, Sr.’s Motion to Enforce Settlement is moot. Attorney fees are denied.

Moving Party to give notice.

Dated:  April _____, 2025