Judge: Kevin C. Brazile, Case: 21STCV12243, Date: 2023-06-23 Tentative Ruling

Hearing Date: July 10, 2023

Case Name: Alire v. Orozco, et al.

Case No.: 19STCV08343 

Matter: Motion to Enforce Settlement

Moving Party: Plaintiff Martha Alire

Responding Party: Unopposed

Notice: OK

Ruling: The Motion is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

Plaintiff Martha Alire seeks to enforce her settlement with Defendant Octavio Orozco.  Plaintiff contends that Defendant has failed to tender $60,000 pursuant to their settlement. 

The Court is authorized to enter judgment pursuant to a stipulated settlement.  (Code Civ. Proc. § 664.6.)  In reviewing a motion to enforce a settlement, the Court determines “whether the parties entered into a valid and binding settlement.”  (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.)  “A settlement is enforceable under section 664.6 only if the parties agreed to all material settlement terms.  [Citations.]  The court ruling on the motion may consider the parties’ declarations and other evidence in deciding what terms the parties agreed to, and the court’s factual findings in this regard are reviewed under the substantial evidence standard.  [Citations.]  If the court determines that the parties entered into an enforceable settlement, it should grant the motion and enter a formal judgment pursuant to the terms of the settlement.”  (Id. at pp. 1182-1183; see also Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1357 [“Strong public policy in favor of the settlement of civil cases gives the trial court, which approves the settlement, the power to enforce it”].)

Because a valid settlement exists between the parties and the Court has retained jurisdiction (Nehme Decl., Exhibit A), the Motion to Enforce Settlement is granted.  (Code Civ. Proc. § 664.6.)

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.