Judge Holly J. Fujie, Case Number: 23STCV29875, Date: 2025-05-28 Tentative Ruling

RESPONDING PARTY: Defendants Larchmont Taco Shop 26, Inc. and Tacos Tu Madre (“Defendants”)

The Court has considered the moving papers. No opposition has been filed. Any opposition was required to have been filed by May 14, 2025. (Code of Civil Procedure (“CCP”), § 1005, subd. (b) [opposition must be filed at least nine court days prior to the hearing].)

This action arises out of an employment relationship. On December 7, 2023, Plaintiff filed a complaint against Larchmont Taco Shop 26, Inc. and Tacos Tu Madre (collectively “Defendants”). The operative first amended complaint alleges causes of action for: (1) Wrongful Termination in Violation of Public Policy; (2) Retaliation in Violation [Government Code (“Gov. Code”) § 12940(h)]; (3) Employment Discrimination Based on Disability [Gov. Code § 12940(a)]; (4) Employment Discrimination Based Upon Race and Nationality [Gov. Code § 12940(a)]; (5) Hostile Work Environment and Harassment in the Work Place; (6) Intentional Infliction of Emotional Distress; (7) Failure to Accommodate Disability [Gov. Code §§ 12940(m) and 12926(p)]; (8) Failure to Engage in the Interactive Process [ Gov. Code § 12940(n)]; (9) Violation of Labor Code § 1102.5(b); (10) Violation of Labor Code § 1102.5(c); (11) Violation of Labor Code § 1102.5(d); (12) Breach of the Implied Covenant of Good Faith and Fair Dealing; (13) Negligent Supervision and Retention; (14) Failure to Pay Minimum Wage [Labor Code §§ 1182.12, 1194, 1194.2 and 1197]; (15) Failure to Pay Overtime [Labor Code §§ 510 and 1194]; (16) Failure to Pay Meal Period Compensation [Labor Code §§ 226.7 and 512]; (17) Failure to Pay Rest Period Compensation [Labor Code § 226.7; IWC Wage Order No. 4-2001]; (18) Failure to Pay Wages in a Timely Manner [Labor Code §§ 204]; (19) Failure to Pay Earned Wages [Labor Code §§ 204, 206 and 210]; (20) Failure to Pay Wages Due [Labor §§ 226 and 558]; (21) Waiting Time Penalties [Labor Code §§ 201, 202 and 203]; (22) Failure to Furnish Timely and Accurate Wage Statements [Labor Code § 226]; and (23) Unfair Business Practices [Bus. & Prof. Code § 17200].

On February 27, 2025 Plaintiff filed the instant motion to enforce settlement (the “Motion”). The Motion is unopposed.

“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 (“CCP”), § 664.6, subd. (a).)

Plaintiff asserts that pursuant to a September 20, 2024, settlement agreement (the “Agreement”) entered between the parties, Plaintiff is entitled to a judgment of $13,085.00 consisting of: (1) $10,000.000 outstanding under the Agreement; and (2) $3,085.00 in attorney’s fees and costs. (Mot., pp. 3:24, 6:14-16; Nigro Decl., ¶ 12.) Plaintiff states that Defendants have made only two payments under the Agreement and have indicated that they will not remit the remaining balance of $10,000.00. (Mot., p. 3:20-24, Ex. 2.)

In relevant part, the Settlement Agreement states as follows: “Defendants will pay a total settlement amount of $15,000 (Fifteen Thousand Dollars) (‘Settlement Sum’) to Plaintiff […] The Settlement Sum shall be paid in 6 separate payments” comprising of $2,500.00 paid monthly beginning on September 22, 2024 with the final payment to be made on February 22, 2024. (Mot., Ex. 1, pp. 2-3.) Defendants have failed to oppose this Motion and thus have offered no explanation for their failure to comply with the agreed upon terms.

The Motion to Enforce Settlement is GRANTED. Judgment is entered against Defendants in the amount of $10,000.00 as well as $3,085.00 in attorney’s fees and costs.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Hon. Holly J. Fujie

Judge of the Superior Court