Judge: Donald F. Gaffney, Case: Lopez v. Patel, Date: 2022-07-27 Tentative Ruling

TENTATIVE RULING:

 

Motion to Enforce Settlement and Enter Judgment

 

Plaintiff Federico Lopez moves to enter judgment in accordance with the terms of the settlement entered into by Plaintiff and Defendant Sunish Patel on April 20, 2018. For the following reasons, Plaintiff’s unopposed motion is GRANTED.

 

Code of Civil Procedure section 664.6 states: “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.” Section 664.6 empowers the court to determine disputed factual issues that have arisen regarding the settlement agreement.  (Fiore v. Alvord (1985) 182 Cal.App.3d 561, 566.)  When, as here, a party sues to enforce a settlement under section 664.6, the trial court assesses whether the material terms of the settlement were reasonably certain and whether the parties expressly acknowledged that they understood and agreed to be bound by those terms. (In re Marriage of Assemi (1994) 7 Cal.4th 896, 911 (Marriage of Assemi).) In making this assessment, a trial court may in the sound exercise of its discretion consider oral testimony or declarations. (Corkland v. Boscoe (1984) 156 Cal.App.3d 989, 994.)

 

Through the declaration of Adam K. Krolikowski [Plaintiff’s counsel], Plaintiff has demonstrated the parties stipulated to a settlement agreement on April 20, 2018, the terms of which were stated on the record. (Korlikowski Decl. ¶ 2; see also ROA No. 27.) The parties agreed that their settlement would be enforceable through Code of Civil Procedure section 664.6. Plaintiff has established Defendant’s default and Plaintiff’s notice of the default. (See Korlikowski Decl. ¶¶ 3-5.) Plaintiff has presented evidence that Defendant owes Plaintiff a balance of $1,600.00. (Korlikowski Decl. ¶¶ 4, 6.) Defendant has not filed an opposition and, thus, does not dispute the terms of the settlement, that Defendant is in default, or contend that Defendant has timely cured. 

 

The court will enter a judgment in the amount of $1,600.00 against Defendant Sunish Patel.  

 

Plaintiff to give notice.