Judge: Kevin C. Brazile, Case: 22STCV16012, Date: 2023-02-01 Tentative Ruling

Hearing Date: February 1, 2023

Case Name: Daneshrad v. Coldwell Banker Residential Brokerage Company, et al.

Case No.: 20STCV24883 

Matter: Motion to Enforce Settlement

Moving Party: Defendant William Crosby

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. 

On December 3, 2020, Plaintiff Michelle Daneshrad filed the operative First Amended Complaint (“FAC”) for (1) negligent misrepresentation, (2) constructive fraud, (3) breach of fiduciary duty, (4) professional negligence, (5) non-disclosure of material facts, (6) concealment, (7) intentional misrepresentation, and (8) professional negligence.  

Defendant William Crosby seeks to enforce his settlement with Plaintiff.  Defendant contends that although he fully paid Plaintiff, Plaintiff has failed to fully dismiss Defendant from this action.

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 (Mahfouz 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.