Judge: Elaine W. Mandel, Case: 21SMCV00336, Date: 2024-11-18 Tentative Ruling

Case Number: 21SMCV00336    Hearing Date: November 18, 2024    Dept: P

Tentative Ruling

Rowley v. James, Case no. 21SMCV00336

Hearing date November 18, 2024

Defendant’s Motion to Dismiss the SAC

Defendant James moved 9/24/24 to dismiss Rowley’s SAC arguing the claims were barred by a settlement agreement. No opposition was filed.

James asserts Rowley continues to pursue litigation, despite having signed the agreement to which James was a beneficiary. James argues the agreement bars all further claims related to the property at issue.

The court previously ruled James was neither a signatory nor third party beneficiary to the signed settlement agreement. See Min. Order 9/18/24 wherein the court stated “As James is not a party to the agreement, he cannot enforce it under §664.6. Johnson v. Department of Corrections (1995) 38 Cal.App.4th 1700, 1708. Further, there is no evidence that he is a third-party beneficiary.” Id.

As James is not a party to the settlement, there was no release from claims against him. Rowley is within his rights to continue to pursue litigation against James. There is no basis for the court to dismiss the SAC. DENIED.