Judge: Gregory Keosian, Case: 21STCV12946, Date: 2023-05-10 Tentative Ruling

Case Number: 21STCV12946    Hearing Date: January 9, 2024    Dept: 61

Defendant Los Altos Apartments, L.P.’s Motion to Enforce Settlement is GRANTED.

Defendant to provide notice.

I.       MOTION TO ENFORCE SETTLEMENT

Code Civ. Proc. section 664.6 states that:

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.

“Section 664.6 permits the trial court judge to enter judgment on a settlement agreement without the need for a new lawsuit. [Citation.] It is for the trial court to determine in the first instance whether the parties have entered into an enforceable settlement. [Citation.] In making that determination, ‘the trial court acts as the trier of fact, determining whether the parties entered into a valid and binding settlement. [Citation.] Trial judges may consider oral testimony or may determine the motion upon declarations alone. [Citation.] When the same judge hears the settlement and the motion to enter judgment on the settlement, he or she may consult his [or her] memory. [Citation.]’ [Citation.]” (Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1359–1360.)

Defendant Los Altos Apartments, LP (Defendant) moves to enforce a settlement executed by Plaintiff Allison Leach on September 13, 2023. The agreement provides for a release and dismissal with prejudice of Plaintiff’s claims in this action in exchange for the payment of a certain sum. (Granata Exh. B.) Despite the payment of the settlement payment in October 2023, Plaintiff has not dismissed the action as agreed. (Granata Decl. ¶¶ 5–7.)

Defendant has demonstrated entitlement to the entry of dismissal as provided in the settlement agreement under Code of Civil Procedure § 664.6. Plaintiff has filed no opposition to this motion.

The motion is therefore GRANTED.