Judge: Elaine W. Mandel, Case: 19SMCV00632, Date: 2024-10-07 Tentative Ruling

Case Number: 19SMCV00632    Hearing Date: October 7, 2024    Dept: P

Tentative Ruling

Woodson v. Darvish, Case no. 19SMCV00632

Hearing date October 7, 2024

Plaintiff Woodson’s Motion to Enforce Settlement

Plaintiff sued defendant on 4/3/2019 for professional negligence. The parties entered into a settlement agreement for $250,000 on 10/22/2021, under which defendant was to make monthly payments of $5,000. Plaintiff alleges defendant defaulted after making 15 payments totaling $73,700, with the last payment on 9/13/2023. Plaintiff moves to enforce the agreement per Cal. Code Civ. Proc. §664.6 and seeks a judgement for the stipulated amount of $250,000 and requests attorney’s fees, costs, interest and sanctions.

Per Cal. Code of Civ. Proc. §664.6, a court may retain jurisdiction to enforce a settlement if the parties stipulate to continued jurisdiction in a signed writing or orally before the court. The parties orally stipulated to such on 10/22/2021. Plaint. ex. A pgs. 2-3. The court has jurisdiction to enforce this settlement and retains jurisdiction per §664.6.

There is no opposition to the motion, so the motion is GRANTED. However, the amount of the judgment will be for the outstanding balance, not the full stipulated amount, as defendant has partially paid and should be credited for the amounts paid.

The settlement agreement contained an attorney’s fee and costs provision in the event of enforcement. Plaint. ex. A, pg. 3. The court has jurisdiction to award costs and fees.

Plaintiff presented a declaration that defendant breached settlement. Decl. Verlato paras. 7-8. Counsel bills time at $400 per hour and spent three hours preparing the motion and anticipates billing one additional hour at the hearing on the motion. Decl. Verlato para. 9. The hourly rate is not excessive, nor is the 4 hours requested. The court issues fees of $1,600, payable within 30 days.

The court declines to further sanction defendant. The award of fees sufficiently recompenses plaintiff for the delay that seeking enforcement presents, and the recovery of the remainder of the settlement will make plaintiff whole. Plaintiff to provide a proposed order consistent with this minute order.