Judge Gregory Keosian, Case 21STCV18062 2023-02-08 Tentative Ruling

Judge: Gregory Keosian, Case: 21STCV18062, Date: 2023-02-08 Tentative Ruling

Case Number: 21STCV18062 Hearing Date: February 8, 2023 Dept: 61

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.)

Plaintiff Talin Mehranian moves to enforce a settlement agreement executed with Defendant Jaguar Land Rover North America, LLC (Defendant) on August 26, 2022. (Parnell Decl. ¶ 6.) The settlement provides that Defendant is to pay Plaintiff $33,750.00, plus monthly payments of $5,000 for every month payment is delayed beyond 90 days of execution of the agreement. (Parnell Decl. Exh. 1, § 1(a), (d).) Plaintiff argues that in addition to the $33,750.00, which Defendant has failed to timely pay, it has incurred $20,000.00 in penalties for failure to pay from October through the date of hearing on this motion. (Parnell Decl. ¶¶ 8–10, 22.)

Plaintiff has demonstrated that Defendant has failed to make payment as set forth in the settlement agreement, and has incurred additional penalties pursuant to the agreement. The agreement contains a clause allowing for enforcement under Code of Civil Procedure § 664.6. (Parnell Decl. Exh. 1, § 1(c).)

The motion is therefore GRANTED.