Judge: Joel R Wohlfeil, Case: 37-2020-00015489-CU-OR-CTL, Date: 2024-01-09 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 13, 2023

12/15/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2020-00015489-CU-OR-CTL WAYNE YOUNG VS. LE TRAM BAO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 11/02/2023

The Motion (ROA # 452) of Defendant TRAM BAO LE ('Defendant') for an Order to Enforce the Settlement Agreement signed by the parties on January 9, 2023, is DENIED.

The evidentiary objections (ROA # 465) of Plaintiffs WAYNE YOUNG and BRIDGET M. YOUNG ('Plaintiffs'), are SUSTAINED IN PART and OVERRULED IN PART.

The objections are OVERRULED except as noted. The hearsay objections to the declaration of Tram Baole are SUSTAINED. The hearsay objections to the declaration of Nguyen Le are SUSTAINED. The hearsay objections to the declaration of Hoang Nguyen are SUSTAINED. The hearsay objections to the declaration of John Coffey are SUSTAINED.

'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(a).

The Court is empowered under section 664.6 to resolve reasonable disputes over the terms of the settlement. Machado v. Myers (2019) 39 Cal. App. 5th 779, 795.

'Here, however, it was not the terms of the settlement agreement that were in dispute. What was disputed was whether Appellants' actions constituted a material breach of the agreement such that the Machados were relieved from performing their obligations under the agreement ....' Id. at 795, 796.

Although the Court hearing a section 664.6 Motion may receive evidence, determine disputed facts, and enter the terms of a settlement agreement as a judgment, nothing in section 664.6 authorizes the Court to create the material terms of a settlement, as opposed to deciding what terms the parties themselves have previously agreed upon. J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 Cal. App. 4th 974, 983, 984.

As stated within the 'Relief Requested' portion of the moving memorandum, Defendant seeks to 'enjoin[]' Plaintiffs from participating in the activities of the Architectural Committee for La Corona Estates, including voting, communicating and 'interfering' with the subject architectural application. The settlement agreement (Compendium at 'Exhibit A') does not include these terms. In fact, the relatively short agreement does not reference any actions Plaintiffs must take or refrain from taking. The Court cannot create these terms. Defendant fails to cite legal authority permitting this Court to 'imply' new terms into a settlement agreement on a section 664.6 Motion.

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3046696 CASE NUMBER: CASE TITLE:  WAYNE YOUNG VS. LE TRAM BAO [IMAGED]  37-2020-00015489-CU-OR-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

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