Judge: Douglas W. Stern, Case: 20STCV19668, Date: 2023-01-24 Tentative Ruling

Case Number: 20STCV19668    Hearing Date: January 24, 2023    Dept: 68

Maria Moctezuma vs. BaronHR West, Inc., et al., Case No. 20STCV19668

Plaintiff’s Motion to Enforce Settlement Agreement

Plaintiff Maria Moctezuma has filed a Motion to Enforce the Terms of the Settlement Agreement.  On June 13, 2022, Plaintiff Maria Moctezuma and Defendants BaronHR West, Inc., and BaronHR LLC entered into a written Confidential Settlement Agreement.  The copy submitted to the Court shows that it was executed by representatives of both Defendants.

Defendants were obligated under the terms of the Settlement Agreement to pay Plaintiff $50,000.  (Ortiz Decl. ¶ 3, Agreement ¶ 1.)  Payment was due by July 13, 2022.  (Ortiz Decl. ¶ 4.)  It was not paid at that time or at any time since.  (Ortiz Decl. ¶¶ 8-9.)  Plaintiff’s counsel has made attempts to find out the status of the payment to no avail.  (Ortiz Decl. ¶ 9.)

Defendant is in breach of the Settlement Agreement .  Therefore Plaintiff is entitled to have the Court enter judgment against Defendants in the principal amount of $50,000.

Plaintiff seeks attorney’s fees associated with the motion.  The Settlement Agreement provides in paragraph 17 that “[t]he prevailing party in any action to enforce this Agreement is entitled to reasonable attorneys’ fees and costs in connection with such action.”

Plaintiff seeks attorneys’ fees and costs associated with this Motion.  Plaintiff’s counsel spent 2 hours preparing the Motion.  No opposition was filed.  Counsel anticipates an additional one hour attending the Motion hearing.  Counsel’s hourly rate is $550.00 per hour, which the court finds to be a reasonable hourly rate. Plaintiff is entitled to recover $1,650.00 in attorney’s fees and $60.00 for the court’s filing fee for a total of $1,710.00.  That amount shall be added to the judgment.

Therefore, Plaintiff Maria Moctezuma is awarded judgment against Defendants in the total amount of $51,710.00.