Judge: Douglas W. Stern, Case: BC713938, Date: 2022-12-29 Tentative Ruling

Case Number: BC713938    Hearing Date: December 29, 2022    Dept: 68

REYNA E LARA VS STAFFMARK INVESTMENT LLC et al., Case No BC713938

Plaintiff’s Motion to Enforce Settlement Agreement

Plaintiff Reyna E. Lara has filed a Motion to Enforce the Terms of the Settlement Agreement.  On September 19, 2022, Plaintiff Reyna Lara and Defendants MGA Entertainment Inc., Jorge Gomez, and BaronHR LLC entered into a written Confidential Settlement Agreement.  The copy submitted to the Court shows that it was executed by representatives of MGA Entertainment Inc. and BaronHR LLC.

Defendant BaronHR LLC was obligated under the terms of the Settlement Agreement to pay Plaintiff the amount set forth in Settlement Agreement paragraph 3.a.  (Ortiz Decl. ¶ 5, Agreement ¶ 3.a.)  Payment was due by October 3, 2022.  (Ortiz Decl. ¶ 4, 6.)  It was not paid at that time or at any time since.  (Ortiz Decl. ¶ 6, 8.)  Plaintiff’s counsel has made attempts to find out the status of the payment to no avail.  (Ortiz Decl. ¶ 7.)

Plaintiff is entitled to have the Court entered judgment against Defendant Baron HR LLC in the principal amount set forth in the Settlement Agreement paragraph 3.a.

The Settlement Agreement provides in paragraph 16(c) that “[i]n an action to enforce any term or terms of this Settlement Agreement or to seek damages for breach of this Settlement Agreement, the prevailing party in that action shall be entitled to recover reasonable attorney’s fees.”

Plaintiff seeks attorney’s 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 Reyna E. Lara is awarded judgment against Defendant BaronHR LLC in the amount of attorney’s fees and costs of $1,710.00 plus the amount set forth in the Settlement Agreement paragraph 3.a.