Judge: Deborah C. Servino, Case: 30-2021-01230505, Date: 2022-09-16 Tentative Ruling

Plaintiffs Jacob and Nancy Justiss’ motion to enforce settlement is denied.

Plaintiffs seek to enforce a settlement agreement pursuant to Code of Civil Procedure section 664.6.  That statute provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside of 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, subd. (a).)  Plaintiffs do not present an agreement that is signed by any of the persons described in subdivision (b) of Code of Civil Procedure section 664.6.  The emails between Plaintiffs’ counsel and defense counsel do not suffice.  The emails do not demonstrate that Defendant had agreed to the settlement agreements, particularly given defense counsel’s ongoing motions to be relieved as counsel.  Plaintiff’s counsel’s emails reflected an understanding that the settlement agreement had not been agreed upon by Defendant.  Defense counsel’s emails communicated that he was waiting to hear from his client.  (See Coelho Decl., Exhs. B & C.) 

J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 Cal.App.4th 974, 988, relied upon by Plaintiffs, does not assist them. That case did not involve enforcement of a settlement agreement pursuant to Code of Civil Procedure section 664.6.  Rather, it had distinguishable facts and involved the question of whether a preliminary settlement agreement was enforceable.  Accordingly, the motion is denied.

The Clerk shall give notice of the ruling.