Judge: Deborah C. Servino, Case: 30-2020-01156763, Date: 2023-08-11 Tentative Ruling

Plaintiff Yelena Ilnitskaya's unopposed motion to enforce settlement is granted. 

Under Code of Civil Procedure section 664.6, “parties to pending litigation” may 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.” Upon a party’s motion, the court “may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6, subd. (a).)

Here, Plaintiff proffers evidence that she entered into a settlement agreement with Defendants.  (Egbert Decl., at ¶ 3, Exh. 1.)  The agreement provided that Defendants Assent Mortgage, LLC and Mahyar Kazemi agreed to pay a settlement sum in installments to Plaintiff in consideration for a general release of all claims.  The settlement was signed by Plaintiff, Assent Mortgage's authorized representative, and Mahyar Kazemi.  (Egbert Decl., Exh. 1.)  In accordance with the settlement agreement, Plaintiff provided Assent Mortgage and Kazemi with notice of default and Assent Mortgage and Kazemi did not cure the default.  (Egbert Decl., at ¶¶ 8-13, Exh. 4.) 

Accordingly, the motion is granted. Judgment will be entered pursuant to the terms of the settlement agreement.  Defendants Assent Mortgage and Mahyar Kazemi will be jointly and severally liable to Plaintiff for the total amount of $77,336.  Plaintiff shall dismiss with prejudice the remaining Defendants and submit a proposed judgment for the court's signature.  Plaintiff shall serve all parties with the proposed judgment. 

Plaintiff shall give notice of this ruling.