Judge: Kevin C. Brazile, Case: 23STCV03606, Date: 2025-02-24 Tentative Ruling

Hearing Date: February 24, 2025

Case Name: Mena v. Nissan North America, Inc., et al.

Case No.: 21STCV13488

Matter: Motion to Enforce Settlement

Moving Party: Plaintiff Juan Mena

Responding Party: Unopposed

Ruling: The Motion to Enforce Settlement is granted.

Moving party to give notice.

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This is a lemon law matter.

Plaintiff Juan Mena now seeks to enforce his settlement with Defendant Nissan North America, Inc.  Plaintiff also seeks his fees and costs in the amount of $2,591.65.

Plaintiff contends that Defendant failed to tender the settlement funds despite numerous emails.

There is no opposition.  

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 agreement exists and the Court retains jurisdiction, the Motion to Enforce Settlement is granted.  (CCP § 664.6.)  The Court awards the requested fees/costs.  

Moving party to give notice.