Judge: Kenneth J. Medel, Case: 37-2021-00011273-CU-PO-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2021-00011273-CU-PO-CTL SALGADO VS WALMART INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 10/10/2023

Defendant's Motion to Enforce Settlement is DENIED. To establish a prima facie cause of action to enforce a settlement agreement under C.C.P. § 664.6, a moving party must establish: (1) a settlement agreement has been formed; (2) the agreement is signed by the parties: and (3) a party has failed to perform an obligation required by the agreement. (Weddington Productions v. Ftick (1998) 60 Cal.App.4th 793,797, emphasis added) Absent a writing signed by the parties, or a stipulation made by the parties before the Court, a purported settlement agreement cannot be enforced by the Court against the party who did not sign the agreement. (Sully-Miller Contracting Co. v. Gtedson/Caskman Construction, Inc. (2002) 103 Cal.App,4th 30,38 ['Moreover, a party who wishes to invoke the summary procedure of section 664.6 to enforce a written settlement must strictly comply with the signature requirement of that section.'] Even a 'settlement in principle' - like an 'agreement in concept' - is not a settlement, because it means the parties 'had yet to fix its exact terms' and it would not be 'binding until the settling parties agree on all its material terms.' (Levitz v. The Warlocks (2007) 148 Cal.App.4th 531,534-535.) Here, there was a mediation that was held between the prior handling attorney, Patrick Khalil, and defense counsel. (Azizi Decl., ¶ 3.) However, defendant has provided no signed stipulation, nor was a settlement put on the record in Court.

Plaintiff states he did not sign any settlement agreement or writing containing the material terms of the settlement, or any agreement for the Court to retain jurisdiction to enforce the settlement. (See Azizi Decl., ¶3- 4) Calendar No.: Event ID:  TENTATIVE RULINGS

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