Judge John B. Scherling, Case 37-2019-00031692-PR-TR-CTL 2023-10-13 Tentative Ruling

Judge: John B. Scherling, Case: 37-2019-00031692-PR-TR-CTL, Date: 2023-10-13 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - October 12, 2023

10/13/2023 02:00:00 PM 502 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:John B Scherling

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Probate Trust Proceedings Motion Hearing (Probate) 37-2019-00031692-PR-TR-CTL IN RE THE MATTER OF THE: MARGARET V. CULLINAN TRUST AGREEMENT DATED MAY 31, 2007 [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Enforce Settlement, 08/10/2023

Pursuant to Superior Court of San Diego County, Local Rules, rule 4.23.7, the court's tentative ruling is as follows: The unopposed Motion to Enforce Settlement Agreement filed by Sean Cullinan is GRANTED.

DISCUSSION On August 10, 2023, Sean Cullinan ('Petitioner') filed the instant Motion to Enforce Settlement Agreement. (ROA 479.) Petitioner moves the Court for an order enforcing the settlement agreement entered into between Petitioner and Christopher Cullinan ('Respondent'), and for entry of judgment in the amount of $65,000 plus 10% prejudgment interest from August 23, 2022, the date Respondent first became in breach of the settlement agreement.

Petitioner claims the parties entered into a settlement agreement on June 7, 2022, which required the trustee of the Margaret V. Cullinan Trust Agreement dated May 31, 2007, to pay Petitioner $315,000.

(ROA 481, Rhine Decl., ¶ 4; Exh. A.) Thereafter, the trustee informed Petitioner there was insufficient cash in the Trust to make the full payment, and as such, Petitioner and Respondent subsequently agreed to execute an amendment to the settlement agreement. (Id., at ¶ 5.) Under the amendment to the settlement agreement, paragraph 8 of the settlement agreement was modified to reflect that the trustee of the Trust would pay Petitioner $250,000 out of the Trust, with the remaining $65,000 to be paid directly by Respondent. (Id.; Exh. B.) The Court approved the settlement agreement on August 12, 2022, and ordered Respondent to pay the $65,000 within ten days. (Id., Exh. C.) The Court further found that Petitioner's interest in the Trust would not be terminated until there had been full payment to Petitioner pursuant to the settlement agreement.

However, Respondent has failed to pay any portion of the $65,000 to Petitioner through the date of the filing of this motion. Petitioner contacted Respondent several times requesting the payment, but Respondent failed to make any payments. As such, Petitioner requests the Court enter judgment in Petitioner's favor in the amount of $65,000 plus $6,268.50 in prejudgment interest, and $17.81 in prejudgment interest for each day between August 10, 2023, and the date of the Court's order on the instant motion.

Petitioner also seeks an Order that Petitioner is the prevailing party under the settlement agreement, which provides for attorney fees to the prevailing party in connection with any proceeding to enforce the Calendar No.: Event ID: TENTATIVE RULINGS

3011049 CASE NUMBER: CASE TITLE: IN RE THE MATTER OF THE: MARGARET V. CULLINAN TRUST 37-2019-00031692-PR-TR-CTL agreement.

Here, the amendment to the settlement agreement provides that Respondent is to pay Petitioner $65,000 plus prejudgment interest. (ROA 481, Rhine Decl., Exh. B, ¶ 8.) The Court approved the amendment and ordered Respondent to pay the agreed upon amount. (Id., Exh. C; ROA 406, Minute Order dated Aug. 12, 2022.) The settlement agreement also provides for attorney's fees to the prevailing party in any proceeding to enforce the terms of the agreement. (Id., Exh. A, at ¶ 16.) The Court is not in receipt of any opposition. Under Local Rule 2.1.19(B), '[t]he court may deem a lack of opposition to be a concession that a motion is meritorious.' Therefore, the motion is GRANTED. Judgment is entered in favor of Petitioner, in the amount of $65,000 plus $6,268.50 in prejudgment interest, and $17.81 in daily prejudgment interest calculated from August 10, 2023 (the date of filing of the motion) to October 12, 2023, as requested by Petitioner.

The Court finds Petitioner is the prevailing party under the settlement agreement for purposes of this motion.

Counsel for Petitioner is directed to serve notice of ruling in accordance with the provisions of CCP § 1019.5(a).

IT IS SO ORDERED.

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