Judge: Elaine W. Mandel, Case: 22SMCV00268, Date: 2023-10-23 Tentative Ruling

Case Number: 22SMCV00268    Hearing Date: October 23, 2023    Dept: P

Tentative Ruling

Singer v. Reinis et al., Case No. 22SMCV00268

Hearing Date October 23, 2023  

Hearing Re: Enforcement of Settlement Agreement

On September 5, 2023 the court held a hearing regarding the status of the settlement agreement. Pursuant to the settlement, the court ordered plaintiff Singer obtain an insurance policy covering the painting “that lists Mrs. Reinis as the owner and loss payee.” See 9/5/2023 minute order.

Singer has been unable to obtain a policy listing Reinis as the owner. According to Singer, each insurance company requires the owner of the policy to be the one who applies for the policy. See Rocha declaration ¶15, Reinis Declaration ¶¶11-3. Singer argues the settlement agreement cannot be enforced in its current form, and the court should sever the provision requiring Singer to obtain a policy that names Reinis as the owner as well as the payee.

The court will inquire as to whether all reasonable avenues to obtain a compliant policy have been exhausted. As the court discussed with the parties at the prior hearing, Reinis may apply for an insurance policy covering the painting that names Reinis as both owner and payee, with Singer to pay for that policy.