Judge: Daniel S. Murphy, Case: 23STCV319544, Date: 2024-06-07 Tentative Ruling

Case Number: 23STCV319544    Hearing Date: June 7, 2024    Dept: 32

BACKGROUND

            On April 15, 2023, Plaintiff Creditors Adjustment Bureau filed this action against Push Interactive, LLC to recover outstanding debt in the amount of $48,879. The parties entered into a settlement agreement on January 26, 2024 in the amount of $55,000 payable in six installments. Defendant made two payments before defaulting.  

            On May 3, 2024, Plaintiff filed the instant motion to enforce settlement. Defendant has not filed an opposition.

LEGAL STANDARD

Code of Civil Procedure section 664.6 provides:¿“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.” Such a settlement agreement is a contract, and the legal principles which apply to contracts generally apply to settlement contracts.¿(Weddington Productions, Inc. v. Flick (1998) 60 Cal. App. 4th 793, 815.) When ruling on a Section 664.6 motion, the trial court acts as a trier of fact to determine whether a settlement has occurred, which is also an implicit authorization for the trial court to interpret the terms and conditions to settlement. (Skulnick v. Roberts Express, Inc. (1992) 2 Cal. App. 4th 884, 889.)

DISCUSSION

            The parties’ settlement agreement requires Defendant to pay $55,000 in six installments. (Weitz Decl., Ex. 1, § 1.) Defendant made two payments of $9,166.66 before failing to make the third payment due April 5, 2024. (Id., ¶ 3.) Plaintiff contacted Defendant on April 8, April 19, and May 2, reminding Defendant of the default. (Id., ¶ 4.) To date, Defendant has not made any payments. (Id., ¶ 5.) These undisputed facts show that Defendant is in default of the agreement. The agreement provides that the non-breaching party may bring a motion under Code of Civil Procedure section 664.6. (Id., Ex. 1, § 8.) Therefore, Plaintiff is entitled to enforce the agreement under Section 664.6.  

            The agreement further provides that the prevailing party on a motion under Section 664.6 shall be entitled to the reasonable attorney’s fees and costs for bringing the motion. (Weitz Decl., Ex. 1, § 8.) Plaintiff reasonably requests $1,573.65 for bringing the motion. (Id., ¶ 8.)

CONCLUSION

            Plaintiff’s motion to enforce settlement is GRANTED. Attorney’s fees and costs are granted in the amount of $1,573.65.