Judge: Gary I. Micon, Case: 24CHCV02753, Date: 2024-11-26 Tentative Ruling

Case Number: 24CHCV02753    Hearing Date: November 26, 2024    Dept: F43

Dept. F43

Date: 11-26-24

Case # 24CHCV02753, L.A. Commercial Group, Inc. v. Contractors Plumbing & Fire Supply Inc.

Trial Date: None set.

MOTION TO ENFORCE SETTLEMENT AGREEMENT

MOVING PARTY: Plaintiff L.A. Commercial Group, Inc., dba Continental Commercial Group

RESPONDING PARTY: None.

RELIEF REQUESTED

Order enforcing the Mutual Release Agreement and entering judgment of $140,140.03 against Defendant.

RULING: Motion is granted.

SUMMARY OF ACTION

On July 30, 2024, L.A. Commercial Group, Inc. filed this action against Contractors Plumbing & Fire Supply Inc. to collect a debt of $130,485.74. The complaint alleged breach of contract and a common count claim.

On August 21, 2024, the parties entered into a settlement agreement. L.A. Commercial filed notice of the agreement on August 23, 2024.

Contractors Plumbing did not make its first settlement payment on September 1, 2024.

On September 6, 2024, L.A. Commercial filed this motion to enforce the settlement agreement. No opposition has been filed.

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. 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 Civ. Proc. § 664.6, subd. (a).)

In determining a motion to enforce a settlement under Code of Civil Procedure section 664.6, the court seeks to determine whether the parties entered into a valid and binding settlement of all or part of the case. (In re Marriage of Assemi (1994) 7 Cal.4th 896, 905.) “To do so it may receive oral testimony in addition to declarations. If the same judge presides over both the settlement and the section 664.6 hearing, he may avail himself of the benefit of his own recollection.” (Kohn v. Jaymar-Ruby, Inc. (1994) 23 Cal.App.4th 1530, 1533.)

Here, L.A. Commercial presents its attorney’s declaration and a copy of the Mutual Release and Settlement Agreement. (Declaration of Carol R. Hamilton, Exh. 1.)

On August 21, 2024, L.A. Commercial and Contractors Plumbing signed the Mutual Release and Settlement Agreement. (Hamilton Dec., ¶ 2, Exh. 1.) Under the agreement, L.A. Commercial agreed to drop all claims relating to this action. In exchange, Contractors Plumbing agreed to pay L.A. Commercial $139,680.03 in the following installments: $30,000.00 on September 1, 2024; $30,000.00 on October 1, 2024; $30,000.00 on November 1, 2024; $30,000.00 on December 1, 2024; and $19,680.03 on January 1, 2025. (Hamilton Dec., Exh. 1, at p. 1.)

Contractors Plumbing did not make its first payment on September 1, 2024 and is in default. (Hamilton Dec., ¶ 3.)

The agreement states that if either party reasonably retains counsel to enforce the agreement, the prevailing party is entitled to costs and expenses, including attorneys’ fees, incurred while enforcing the settlement. (Hamilton Dec., Exh. 1, at p. 2.) The agreement also gives the Los Angeles Superior Court jurisdiction over the parties until the final performance of the agreement. (Ibid., Exh. 1, at p. 4.) Each party’s authorized representative signed the agreement. (Ibid., Exh. 1, at p. 5.)

L.A. Commercial has shown that Contractors Plumbing is in default and seeks judgment in the principal amount of $139,680.03 for the missed payments plus $60.00 for fees to file this motion and $400.00 in attorney’s fees. (Hamilton Dec., ¶¶ 3, 5.) L.A. Commercial’s counsel spent two hours preparing this motion at an hourly rate of $200.00 per hour. (Hamilton Dec., ¶ 6.)

Contractors Plumbing does not oppose.

The Court finds that L.A. Commercial is entitled to a $140,140.03 judgment: $139,680.03 the default; $400.00 for the 2 hours spent on this motion; and a $60.00 filing fee.

Accordingly, the Court orders enforcement of the settlement agreement and awards a $140,140.03 judgment.

ORDER

The Court enters judgment against Defendant Contractors Plumbing and Fire Supply in the amount of $140,140.03 and orders the following:

1. Defendant must pay Plaintiff a lump sum of $139,680.03.

2. Defendant must pay Plaintiff $400.00 in attorney’s fees.

3. Defendant must pay Plaintiff $60.00 in filing fees.

4. Defendant must remit payment to Plaintiff’s counsel within 20 days of the date of this order.

Moving party to give notice.