Judge: Elaine W. Mandel, Case: 23SMCV04663, Date: 2025-01-13 Tentative Ruling

Case Number: 23SMCV04663    Hearing Date: January 13, 2025    Dept: P

Tentative Ruling

McKesson Specialty Care Distribution v. August Aesthetics, Case no. 23SMCV04663

Hearing date January 13, 2025

Plaintiff’s Motion to Enforce Settlement

Plaintiff McKesson Specialty Care Distribution, LLC sued defendants August Denton and August Aesthetics, a nursing corporation, for breach of contract arising from defendants’ alleged failure to pay plaintiff for supplied medical goods. The parties settled the case in November 2023. Plaintiff moves to set aside the dismissal and requests judgment for $38,555.06, alleging defendants defaulted on the stipulated payments. Plaintiff offers the declaration of counsel Hettena. No opposition was filed.

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. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Cal. Code Civ. Proc. §664.6.

The case settled via stipulation 11/28/23 and plaintiff moved to dismiss. Decl. Hettena para. 2. The terms of the stipulation required defendant to make monthly payments to plaintiff against the principal balance of $44,317.77. Decl. Hettena exh. A. Per the agreement, the court retained jurisdiction over the matter pursuant to 664.6. Id. Plaintiff asserts defendants defaulted 9/4/24. Plaintiff requests the court enter judgment for the remaining principal of $35,317.77, plus pre-judgment interest at 10% equaling $812.79, plus attorney’s fees of $1,449.50 and costs of $975 for a total judgment of $38,555.06.

Defendants are in default and do not oppose. The stipulated judgment allows for interest. Decl. Hettena exh. A. Cal. Civ. Code §1717(a) allows for attorney’s fees. Cal. Code Civ. Proc. §1033 allows for the recovery of costs associated with bringing the instant motion. GRANTED as above.