Judge: Kevin C. Brazile, Case: 23STCV23415, Date: 2024-08-05 Tentative Ruling

Hearing Date: August 5, 2024

Case Name: Nolasco, et al. v. Farnad, et al.

Case No.: 21STCV39199

Matter: (1) Motion to be Relieved as Counsel 

(2) Motion to Enforce Settlement 

Moving Party: (1) Jeffrey A. Asidi, counsel for Plaintiff Juan Manuel Quiroz Canchola 

(2) Defendant L.A. Live Rentals, LLC 

Responding Party: Unopposed

Notice: OK

Ruling: The Motion to be Relieved as Counsel is granted.

The Motion to Enforce Settlement is granted.

Moving parties 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. 

1. Withdrawal of Counsel

Jeffrey A. Asidi seeks to be relieved as counsel for Plaintiff Juan Manuel Quiroz Canchola.

The Motion is granted because it meets all requirements of Cal. Rules of Court, Rule 3.1362.

Asidi to give notice.

Attorney is relieved as counsel of record for client effective upon the filing of the proof of service for the Court order (form MC-053) upon the client.

2. Enforce Settlement

Defendant L.A. Live Rentals, LLC seeks to enforce its settlement with Plaintiff Juan Manuel Quiroz Canchola.  Defendant contends that Canchola and the other Plaintiffs agreed to a settlement but that only Canchola refuses to sign a long-form agreement, which precludes this action from being dismissed and the insurer from tendering payment under the 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 (Dzharatanyan Decl., Exhibit A), the Motion to Enforce Settlement is granted.  (Code Civ. Proc. § 664.6.)

L.A. Live to give notice.