Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

MOVING PARTY: Plaintiff Soma Surgery Center  

 

RESPONDING PARTY: Defendants Luis Soliz and Picasso Aquariums, LLC  

 

BACKGROUND 

Plaintiff Soma Surgery Center owns a saltwater aquarium with exotic and expensive fishes.  It hired Defendants Luis Soliz and Picasso Aquariums, LLC to clean the tank.  Plaintiff claims that while cleaning the tank over the course of several days, Defendants turned off the filters, which also turned off the tank’s oxygen.  Plaintiff expressed concern to Defendants that the fishes were being deprived of oxygen and could die.  Defendants assured Plaintiff that the fishes would not be harmed.  Shortly thereafter, Plaintiff and Defendants discovered the fishes had died.  The operative complaint alleges claims for negligence and trespass to chattel.     

The case was settled.  The parties signed a Stipulation for Dismissal and a Stipulation for Entry of Judgment.  (Exs. 1-2 to Miskabi Decl.)  Pursuant to the terms of the Stipulation for Entry of Judgment, Defendants were required to pay Plaintiff the “Settlement Amount” of $5,000.  (Ex. 2 to Miskabi Decl.)  In the event payments were not made, the Stipulation for Entry of Judgment requires payment of the “Judgment Amount” of $7,000 and attorneys fees not to exceed $1,000.  (Id.)  Pursuant to the Stipulation for Dismissal, the Court retained jurisdiction to set aside the dismissal and order entry of judgment upon a showing of default.  (Ex. 2 to Miskabi Decl.)   

This hearing is on Plaintiff’s motion to enforce the stipulated judgment and for award of attorneys’ fees.  Plaintiff seeks the Judgment Amount of $7,000 plus attorneys’ fees of $1000 for a total of $8,000.  No opposition has been filed, as of the filing of this tentative order.   

DISCUSSION 

Pursuant to Code Civ. Proc. §664.6, the Court has power to enforce out-of-court settlements.  Section 664.6 provides: “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.  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.”   

Section 664.6 was enacted to provide a summary procedure for enforcing a settlement without the need for a new lawsuit.  (Weddington Prods., Inc. v. Flick (1998) 60 Cal.App.4th 793, 809-10.)  California public policy strongly supports the enforcement of settlement agreements by trial courts under Section 664.6.  (Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1359.) 

   Plaintiff’s voluntary dismissal of the complaint without prejudice does not prevent the Court from retaining jurisdiction to enforce the settlement pursuant to Section 664.6 where there is an express and unambiguous stipulation reserving the Court’s jurisdiction to enforce the settlement.  (Wackeen v. Malis (2002) 97 Cal.App.4th 429, 441.)  The parties’ stipulation here expressly reserves the Court’s jurisdiction to enforce the terms of the Stipulation for Entry of Judgment.  (Ex. 2 to Miskabi Decl.)   

Defendants have not paid the Settlement Amount, and accordingly, under the terms of the Stipulation for Entry of Judgment, Plaintiff is entitled to the Judgment Amount of $7,000.  (Ex. 1 to Miskabi Decl.)  Moreover, Plaintiff has incurred attorneys’ fees in the amount of $2,762.50.  (Miskabi Decl. ¶9.)  Under the Stipulation for Entry of Judgment, Plaintiff can recover attorneys’ fees up to $1,000.  (Ex. 1 to Miskabi Decl.)  Accordingly, the Court awards judgment in favor of Plaintiff and against Defendants in the total amount of $8,000.  

CONCLUSION 

Based on the foregoing, the Court GRANTS Plaintiff’s motion to enforce settlement agreement pursuant to Code Civ. Proc. §664.6 and for award of attorneys’ fees.  The Court enters judgment in favor of Plaintiff and against Defendants in the amount of $8,000. 

 

IT IS SO ORDERED. 

 

DATED:  August 4, 2023 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court