Judge: Elaine W. Mandel, Case: 23SMCV00017, Date: 2024-11-05 Tentative Ruling

Case Number: 23SMCV00017    Hearing Date: November 5, 2024    Dept: P

Tentative Ruling

Chan v. Shiflett, Case no. 23SMCV00017

Hearing date November 5, 2024

Plaintiff’s Motion to Enforce Settlement (CCP 664.6) – not opposed

Plaintiff Chan sued former tenant defendant Shiflett for breach of contract arising from unpaid rent. The parties entered into a settlement agreement 12/22/23 whereby defendant would make $250 monthly payments until 12/1/25, totaling $6,250. Defendant failed to make payments, paying only $445 since 12/22/23, leaving $5,805 unpaid, and attempted to renegotiate the agreement. Plaintiff moves to enforce settlement and for judgment for $5,805 plus prejudgment interest from 11/1/24 onwards. Plaintiff submits counsel Daneshi’s declaration. No opposition was filed.

If parties to pending litigation stipulate, in a writing signed by the parties, for settlement, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction to enforce the settlement. Code Civ. Proc. §664.6(a).

The parties stipulated in writing to settle. Decl. Daneshi ex. A. The court retains jurisdiction per Code Civ. Proc. §664.6(a). Decl. Daneshi ex. A, para. 5.5. Plaintiff moves for judgment and to enforce the settlement agreement under Cal. Code Civ. Proc. §664.6(a). Defendant has not opposed. GRANTED. Judgment for $5,805 plus prejudgment interest from 11/1/24 onwards.