Judge: Jon R. Takasugi, Case: 22STCV12809, Date: 2023-02-02 Tentative Ruling

Case Number: 22STCV12809    Hearing Date: February 2, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to enforce is GRANTED IN PART, DENIED IN PART. Plaintiff’s motion is granted as to enforcement of the settlement agreement, but denied as to the request for sanctions.

            On 8/29/2022, Plaintiff Mohammad Khodadadi (Plaintiff) and Defendant Hyundai Motor America (Defendant) entered into a binding settlement agreement and release (the Agreement.)

            Now, Plaintiff moves to enforce the settlement. Plaintiff seeks $3,060.00 in attorney fees and costs for having to proceed with this motion.

Discussion

            Plaintiff argues that Defendant has failed to issue payment despite its obligation to do so under the Agreement.

Paragraph 2 (a) through (b) of the Agreement states Defendant agrees to pay Plaintiff a total of $5,750.00 and to pay Plaintiff’s counsel’s fees and costs of $7,500.00. (Zolonz Decl., Exh. A.) More than three months have passed since the Parties entered into the Agreement, but Defendant has yet to complete the terms of the Agreement by remitting payment to Plaintiff and his counsel. (Zolonz Decl. ¶ 4.)

Plaintiff’s counsel contends that he has made numerous requests of Defendant’s attorney for payment, and even requested, in an effort to avoid filing this motion, to provide a date, or at least an estimate, as to when the settlement funds would be forthcoming. (Zolonz Decl. ¶ 5.) Defendant’s attorney failed to do so.

In opposition, Defendant admits that it has failed to comply with its obligation under the Settlement Agreement:

Defendant apologizes to the Court and Plaintiff, as the delay in the processing of the settlement check was due to unanticipated circumstances, as the case handler for this matter at HMA was on leave. Defendant had intended for the settlement check for this matter to be processed prior to the case handler’s leave, however it was not and this caused the delay. However, Defendant can confirm that the case handler has since returned from leave and that the check is being processed and is being issued immediately.

            (Opp., 2: 6-11.)

            However, Defendant contends that Plaintiff’s request for additional fees should be denied as there is no basis for such an award in the Settlement Agreement. (See Plaintiff’s Motion, Exh. A, Page 2.) (“Said payments are in full satisfaction of all Claims, including all claims for attorney’s fees and costs.”)

            Plaintiff’s motion did not identify any basis for the imposition of fees and costs incurred enforcing the settlement. In reply, Plaintiff cites Ketchum v. Moses (2001) 24 Cal.4th 1122, 1141 to argue that a fee award should include all hours reasonably spent, including those after settlement. However, this is not a motion for attorney fees, and, as conceded by the Plaintiff, the Settlement Agreement provides for a set amount of attorney fees and costs. Plaintiff has not cited any case wherein a Court unilaterally adjusted the express language of a Settlement Agreement to increase the amount of attorney fees and costs awarded after a motion to enforce was filed. Thus, while the Court would have likely granted sanctions given the facts, it cannot do so without a legal basis.  

            Based on the foregoing, Plaintiff’s motion to enforce is granted in part, denied in part. Plaintiff’s motion is granted as to enforcement of the settlement agreement, but denied as to the request for sanctions.

It is so ordered.

Dated:  February    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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