Judge: Douglas W. Stern, Case: 22STCV03912, Date: 2023-03-13 Tentative Ruling

Case Number: 22STCV03912    Hearing Date: March 13, 2023    Dept: 68

Falcon Beverly Hills, LLC vs. Khalif Rashan Neilly, Case No. 22STCV03912

Motion to Enforce Settlement

Moving Party:           Plaintiff Falcon Beverly Hills, LLC

Responding Party:    None

MOVING PARTY’S POSITION

            Plaintiff filed this motion after Defendant Khalif Rashan Neilly (Defendant) made one payment per their stipulated settlement then stopped making payments. The underlying action was based on Defendant renting a Lamborghini from Plaintiff, keeping the car for an additional two months, then returning the car with over $7,200 worth of damage and over 6,000 additional miles. The total rental charges were $78,878.64. Defendant paid $37,384.48 toward those charges, but failed to pay the remaining $51,601.27. (Motion at p. 3.) It was after this that Plaintiff filed this action and the parties reached the settlement agreement.

Defendant made one payment of $3,500 towards the settlement and still owes $48,101.37 of the principal amount ($51,601-$3,500). (Motion at p. 4.) Pursuant to ¶ 5 of the parties’ stipulated settlement, Plaintiff is entitled to recover prejudgment interest from February 26, 2021, through the present. (Thomas Decl., ¶ 13, Ex. 1.) Per the calculation provided by Plaintiff, the accrued interest amount is $6,716.59. (Thomas Decl., ¶ 13.) Plaintiff is also entitled to attorney’s fees pursuant to ¶ 21 of the Stipulation, and Plaintiff has incurred $2,059 in attorney’s fees (5.8 hrs. @ $355/hr). (Thomas Decl., ¶¶ 14-15, 22-23.) Per Plaintiff’s Memorandum of Costs, Plaintiff also seeks $669.87 in costs. (Thomas Decl., ¶ 12.) Plaintiff is requesting a total judgment amount of $57,546.83. (Thomas Decl., ¶ 23.)

ANALYSIS

            Based on the terms of the stipulated agreement, Plaintiff is entitled to the judgment amount that it is requesting. CCP § 664.6(a) allows for the court, upon motion, to enter judgment pursuant to the terms of a settlement. Here, the parties signed the settlement agreement. Defendant breached the settlement agreement, and Plaintiff filed this motion to enforce the settlement agreement. The Court may enforce the settlement agreement by entering judgment against Defendant.

            Plaintiff’s motion to enforce the settlement agreement is granted, and judgment is entered against Defendant in the amount of $57,546.83.