Judge: Frank M. Tavelman, Case: 20BBCV00536, Date: 2023-04-14 Tentative Ruling

SUBMITTING
ON THE TENTATIVE

The Court tries to post tentative rulings prior to any
hearing on many matters, but not all.  If
the parties wish to submit on the tentative ruling and avoid a court
appearance, all counsel must confer and agree to do so.   Each counsel must contact the court and
advise they are submitting on the matter, that they have spoken to opposing
counsel who has indicated they too are submitting and will be calling the
court. All submitting counsel must call Dept A by 9:00 a.m. on the day of the
hearing and state that all parties will submit on the tentative ruling or in lieu
may indicate the party is submitting during calendar check-in and notice of the
ruling must be served as indicated in the tentative. If any party declines to
submit on the tentative ruling, then no telephone call is necessary, and all
parties should appear at the hearing in person or remotely.

Case Number: 20BBCV00536    Hearing Date: April 14, 2023    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

MOTION TO ENFORCE SETTLEMENT

ALLEGATIONS: 

On September 3, 2020 Melissa Person (“Plaintiff”) filed suit against Kenneth D. Mathis (“Mathis”) and Forward Studio City, Inc. dba Keller Williams Realty Studio City (“Keller Williams”). On November 17, 2022, Plaintiff filed a notice of settlement. Plaintiff now moves for an order enforcing the conditions of the settlement agreement (“Agreement”) and for entry of judgment against Mathis and Keller Williams.

HISTORY: 

On February 23, 2023, Plaintiff filed this motion to enforce settlement. Neither Mathis nor Keller Williams filed an opposition.  

RELIEF REQUESTED:

Plaintiff requests an order that Mathis and Keller Williams comply with the terms of the Agreement. Plaintiff also requests judgment be entered according to the terms of the settlement Agreement. Finally, Plaintiff requests Mathis and Keller Williams be held jointly and severally responsible for attorney’s fees and costs to Plaintiff in the amount of $2,335.00.

ANALYSIS: 

I.                LEGAL STANDARD 

Code of Civil Procedure § 664.6(a) provides “If parties to pending litigation stipulate, in a writing signed by the parties outside¿of¿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.”

Code of Civil Procedure § 664.6(b) provides that a writing is signed by a party if it is signed by the party, an attorney who represents the party, or, if the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf. 

II.              MERITS

Plaintiff states she entered into the Agreement with Mathis and Keller Williams in November 2022. Plaintiff attaches a copy of the Agreement signed by Mathis and Keller Williams. (Exh. A.) The Agreement requires Mathis pay Plaintiff $30,000 by check no later than December 15, 2022. (Id. pg. 2.) Plaintiff submits the declaration of her attorney, Max R. Engelhardt, which states Mathis failed to pay $30,000 by December 15, 2022. (Engelhardt Decl. ¶ 5.) Plaintiff claims Mathis has made no payment to her whatsoever. (Id.)

The Agreement also requires Keller Williams pay Plaintiff $145,000 in instalments as follows:

1.     $7,500 by 12/15/22

2.     $7,500 by 2/15/23

3.     $25,000 by 4/30/23

4.     $25,000 by 7/31/23

5.     $25,000 by 10/31/23

6.     $25,000 by 1/31/24

7.     $30,000 by 4/31/24

Plaintiff states Keller Williams rendered the first payment late. (Id. ¶ 6.) Plaintiff states that she has received no further payment from Keller Williams. (Id.)

The Agreement contains a clause for the payment of attorney’s fees. The clause reads:

If any action, proceeding is commenced, or any motion filed, to construe or enforce the terms or conditions of this Agreement or the application or validity thereof, then the prevailing party or parties shall be entitled to recover from the losing party or parties its reasonable attorneys’ fees and other court costs, together with any costs and attorneys’ fees incurred in enforcing any judgment entered thereon.

(Exh. A, pg. 3 ¶ 8.)

Pursuant to this clause Plaintiff seeks attorney’s fees of $2,335. Plaintiff states this amount reflects two and half hours of attorney work in bringing this motion at a rate of $650 per hour, plus a $60 filing fee. The Court notes the stated work actually amounts to $1,685 ((2.5 x 650) + 60 = 1,685).

The Court has reviewed Plaintiff’s submissions and determined Mathis and Keller Williams to be in default of the Agreement. The Court GRANTS Plaintiffs motion to enforce settlement. Judgment is entered against Mathis in the amount of $30,000. Judgement is entered against Keller Williams in the amount of $137,500. The Court awards sanctions in the amount of $ 1,685 against Mathis and Keller Williams, jointly and severally.

--- 

RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

ORDER 

Melissa Person’s Motion to Enforce Settlement came on regularly for hearing on April 14, 2023, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

THE MOTION TO ENFORCE SETTLEMENT IS GRANTED.

JUDGMENT IS ENTERED AGAINST KENNETH D. MATHIS IN THE AMOUNT OF $30,000.

JUDGMENT IS ENTERED AGAINST FORWARD STUDIO CITY, INC. DBA KELLER WILLIAMS REALTY STUDIO CITY IN THE AMOUNT OF $137,500.

ATTORNEY’S FEES ARE AWARDED IN THE AMOUNT OF $ 1,685 AGAINST MATHIS AND KELLER WILLIAMS, JOINTLY AND SEVERALLY.

PLAINTIFF TO FILE JUDGMENT WITH THE COURT CONSISTENT WITH THIS RULING.

UNLESS ALL PARTIES WAIVE NOTICE, PLAINTIFF TO GIVE NOTICE.

IT IS SO ORDERED. 

DATE:  April 14, 2023                            _______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles