Judge: Gary I. Micon, Case: 23CHCV03374, Date: 2025-01-10 Tentative Ruling

Case Number: 23CHCV03374    Hearing Date: January 10, 2025    Dept: F43

Dept. F43

Date: 01-10-25

Case # 23CHCV03374, Raicevic v. Simonyan

Trial Date: 01-05-26

MOTION TO ENFORCE SETTLEMENT

MOVING PARTY: Defendant Menua Simonyan

RESPONDING PARTY: Plaintiff Rade Raicevic

RELIEF REQUESTED

Entry of judgment and return of settlement funds under C.C.P. section 664.6.

RULING: Motion is denied, without prejudice to other appropriate relief.

SUMMARY OF ACTION

In February 2022 Rade Raicevic was involved in an automobile collision with Menua Simonyan.  On March 1, 2022, Raicevic settled with Simonyan’s insurance company for $500, executing a full release of all claims as part of that agreement.  It is undisputed that Raicevic signed the agreement and received the settlement funds.  In November 2023 Raicevic sued Simonyan for damages allegedly caused by the same accident.  Simonyan answered, asserting, among others, the settlement and release agreement as an affirmative defense.

In October 2024, Simonyan brought this motion to enforce the settlement agreement and order Raicevic to return the settlement funds pursuant to Code of Civil Procedure section 664.6.  Raicevic, who is self-represented, opposes the motion on the ground that he agreed to settle for $50,000, not for $500, and that the settlement was procured by deceit.

ANALYSIS

“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.”  (Code Civ. Proc. § 664.6, subd. (a), italics added.)  Because the settlement agreement at issue here was reached approximately 20 months before this action was filed, the settlement was not reached as part of pending litigation and defendant can not use it to enforce the agreement.  (Kirby v. Southern California Edison Co. (2000) 78 Cal.App.4th 840, 843-845.)  Simonyan’s motion is therefore improper.

ORDER

Defendant’s motion to enter judgment under Code of Civil Procedure section 664.6 is denied without prejudice to seeking relief by any other procedurally appropriate means.

Defendant Menua Simonyan to give notice.