Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

BACKGROUND 

Plaintiff Sheila Nasre and Defendant Benham Kazemi Movahed bought a property located at 603 North Doheny Drive, #2B, Beverly Hills, CA 90210 (“Property”) with the intent of living there together and holding it for long-term investment.  Shortly after moving in, Plaintiff and Defendant began a brief romantic relationship which Defendant claims to have ended.  Plaintiff thereafter decided she no longer wanted to own the Property with Defendant and initiated this partition action.   

The parties entered into a Settlement Agreement (“Agreement”) on February 21, 2024, which has been the subject of multiple motions to enforce.  The current hearing is on Plaintiff’s motion to enforce the settlement pursuant to the Court’s April 18, 2025 order revising the listing price to $1,223,550 and for appointment of a neutral referee to manage the listing, marketing and sale of the Property.  Plaintiff argues Defendant has not adjusted the list price per the Court’s order, instead unilaterally canceling the MLS listing and converting the property into a short-term rental through Airbnb, from which he now personally profits.  Plaintiff also argues Defendant has not responded to her selection of Brandon J. Anand as a proposed neutral referee.  Plaintiff also seeks attorneys fees and costs incurred in bringing her motion.   

LEGAL STANDARD 

 

Code Civ. Proc. §664.6 provides, in pertinent part, as follows: “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.”¿¿ 

In hearing a Code Civ. Proc. §664.6 motion, the trial court may receive evidence, determine disputed facts, and enter terms of a settlement agreement as a judgment.¿ (Bowers v. Raymond J. Lucia Companies, Inc. (2012) 206 Cal.App.4th 724, 732.)  The Court may also receive oral testimony in addition to declarations. (Kohn v. Jaymar-Ruby, Inc. (1994) 23 Cal.App.4th 1530, 1533.)   

The Court may interpret the terms and conditions of the settlement (Fiore v. Alvord (1985) 182 Cal.App.3d 561, 566), but the Court may not create material terms of a settlement, as opposed to deciding what terms the parties themselves have previously agreed upon.   (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810).¿ 

Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement under this statute.¿ (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.)¿ The party seeking to enforce a settlement “must first establish the agreement at issue was set forth ‘in a writing signed by the parties’ (§ 664.6) or was made orally before the court.¿ [Citation.]”¿ (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 304.)¿¿ 

DISCUSSION 

Defendant has not complied with this Court’s order requiring him to reduce the list price.  Defendant has also failed to make any effort to select a neutral referee.  The Court orders each party to submit their candidate for a neutral referee within 5 days of this order, and the Court will select the neutral referee.  Defendant is further ordered to immediately reduce the list price or face contempt. 

Additionally, pursuant to the settlement agreement, any prevailing party on a motion to enforce the settlement agreement is entitled to recover its attorneys’ fees.  Plaintiff is the prevailing party on this motion.  Plaintiff claims it will incur $1,800 in attorneys’ fees and costs, based on its counsel’s hourly rate of $450 and four hours of work in preparing the motion, responding to any opposition and attending the hearing.  The Court concludes this hourly rate and hours are reasonable.    

CONCLUSION 

Based on the foregoing, the Court GRANTS IN PART and DENIES IN PART Plaintiff’s motion to enforce settlement and awards fees and costs of $1,800 to Plaintiff.   

 

IT IS SO ORDERED. 

 

DATED: May 23, 2025 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court