Judge: Jon R. Takasugi, Case: 23STCV27326, Date: 2025-01-23 Tentative Ruling

Case Number: 23STCV27326    Hearing Date: January 23, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to enforce settlement is GRANTED. Plaintiff is awarded the requested $5,950.00 in attorney fees.

On 11/7/2023, Plaintiff Dmitrii Duplikhin (Plaintiff) filed suit against Corporatedoors, Inc., Revere Production, LLC, Dmitri Kornakov, and Andrey Kornakov (collectively, Defendants). On 2/20/2024, Plaintiff filed a first amended complaint (FAC) alleging: (1) integrated enterprise; (2) alter ego; (3) misclassification if employee; (4) failure to pay overtime; (5) failure to provide meal breaks; (6) failure to provide rest breaks; (7) failure to furnish accurate wage statements; (8) waiting time penalties; (9) failure to permit inspection of personnel and payroll records; (10) constructive wrongful termination; (11) retaliation; and (12) unfair business practices.

On 11/4/2024, Plaintiff moved for an order to enforce the parties’ Settlement Agreement.

The motion is unopposed.

Discussion 

            Plaintiff argues that Defendants are in breach of their Settlement Agreement. More specifically, under the terms of the Settlement Agreement, Defendants were to pay Plaintiff $40,000. (Serkova Decl., Exh. 1.) Additionally, the Settlement Agreement provides that Defendants will make the payments as follows: “1st Payment of $8,000 due July 1, 2024, 2nd payment of $8,000 due August 1, 2024, 3rd payment of $8,000 due September 1, 2024, 4th payment of $8,000 due October 1, 2024, Fifth and final payment of $8,000 due November 1, 2024…...If any payment listed in a. through e. not received by the 5th day of each designated month, there will be a late assessed fee of $250.00 per month” (See Exhibit 1, pg. ¶ 5. Serkova Decl., ¶ 4.)

Defendants made the first payment with the late assessed fee of $250.00 pursuant to the above schedule on July 31, 2024, of $8,250.00 and second payment of $8,250.00 on September 24, 2024, which was late and supposed to be for August 2024. (Serkova Decl., ¶ 5.)

Defendants then failed to present the remainder of the balance for September, October, and November 2024 installments which amount to $24,000.00 plus late fees of $250.00 for each month totaling $24,750.00, thus breaching the Settlement Agreement. (Serkova Decl., ¶ 6.)

Code of Civil Procedure section 664.6 specifically permits the Court to enter judgment on a settlement agreement made in writing by the parties.

The Court considers Defendants’ non-opposition to be a concession to Plaintiff’s motion on the merits. The Court also finds Plaintiff is entitled to attorney fees incurred to enforce the Settlement Agreement. (Serkova Decl, Exh. 1., ¶ 6. Part G.)

Based on the foregoing, Plaintiff’s motion to enforce settlement is granted.

It is so ordered.

Dated:  January    , 2025

   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.  For more information, please contact the court clerk at (213) 633-0517.