Judge Latrice A. G. Byrdsong, Case Number: 21STLC04213, Date: 2024-06-03 Tentative Ruling

Judge: Latrice A. G. Byrdsong, Case: 21STLC04213, Date: 2024-06-03 Tentative Ruling

Case Number: 21STLC04213 Hearing Date: June 3, 2024 Dept: 25

Hearing Date: Monday, June 3, 2024

Case Name: COMMAND FIRE SOLUTIONS, INC. v. BUCKEYE FIRE EQUIPMENT COMPANY

Case No.: 21STLC04213

Motion: Motion to Enforce Settlement Agreement and Enter Judgment (CCP 664.6); Request for Attorney Fees and Costs

Moving Party: Plaintiff Command Fire Solutions, Inc.

Responding Party: None

Notice: OK

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TENTATIVE RULING:

Plaintiff Command Fire Solutions, Inc.’s Motion to Enforce Settlement Agreement and Enter Judgment is GRANTED. Judgment is entered for Plaintiff and against Defendant in the amount of $18,000, plus $2,265 in attorney fees and costs for a TOTAL of $20,265.00

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ANALYSIS:

I.Background

On June 2, 2021, Plaintiff Command Fire Solutions, Inc. (“Plaintiff”) filed an action against Buckeye Fire Equipment Company (“Defendant”) for breach of contract. The complaint alleges that Command Fire is in the business of installing, servicing and repairing fire suppression systems for commercial businesses. It further alleges that in 2014, the parties agreed to enter a distributorship agreement to obtain access to Buckeye’s firefighting equipment. Plaintiff claims that beginning in November of 2020, Buckeye refused to fill further orders for Command Fire, breaching the parties’ distributorship agreement.

On April 16, 2024, Plaintiff filed the instant Motion to Enforce Settlement Agreement and Enter Judgment. No opposition has been filed.

II.Legal Standard

CCP § 664.6, provides a summary procedure that enables judges to enforce a settlement agreement by entering a judgment pursuant to the terms of the parties’ settlement. In particular, the statute provides:

(a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.

(b) For purposes of this section, a writing is signed by a party if it is signed by any of the following:

(1) The party.

(2) An attorney who represents the party.

(3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf.

(CCP¿§ 664.6(a)-(b) (emphasis added).)

In hearing a CCP § 664.6 motion, the trial court may receive evidence, determine disputed facts, and enter terms of a settlement agreement as a judgment. (Bowers v. Raymond J. Lucia Companies, Inc. (2012) 206 Cal.App.4^th 724, 732.) The Court may also receive oral testimony in addition to declarations. (Kohn v. Jaymar-Ruby, Inc. (1994) 23 Cal.App.4^th 1530, 1533.) The Court may interpret the terms and conditions to settlement (Fiore v. Alvord (1985) 182 Cal.App.3d 561, 566), but the Court may not create material terms of a settlement, as opposed to deciding what terms the parties themselves have previously agreed upon (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810).

Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement under this statute. (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.) The party seeking to enforce a settlement “must first establish the agreement at issue was set forth ‘in a writing signed by the parties’ (§ 664.6) or was made orally before the court. [Citation.]” (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4^th 299, 304.)

III.Discussion

Plaintiff moves for an order enforcing its written settlement agreement with Defendant pursuant to CCP § 664.6.

Plaintiff is entitled to an order enforcing the settlement agreement with Defendant. Plaintiff submitted evidence it entered into a written settlement agreement with Defendant. (Declaration of Madoni ¶ 4; Exh. A.) The Settlement Agreement is signed by both Plaintiff and Defendant. (Id.) “The Parties agree this Agreement may be enforced pursuant to Code of Civil Procedure Section 664.6 and consent to the Superior Court of California’s retention of jurisdiction to enforce this Agreement.” (Id., pg. 6.) Under the terms of the Settlement Agreement, Defendant agreed give Plaintiff credit in the amount of $18,000 with Buckeye, which may be used to purchase material from Buckeye over a 3-year period of time. (Id., pg. 2:14-22) The settlement Agreement was executed in November 2023. (Id., Exh. A. pg. 7.)

On January 23, 2023, Plaintiff exercised its right to use the $18,000.00 credit by sending an email to Buckeye's counsel providing a list of products Plaintiff sought to order in the total amount of $16,460.00. (Madoni Decl., ¶ 5.) Plaintiff s counsel then sent a follow-up email on February 17, 2024, because he had not received a response from Buckeye’s attorney. (Id., ¶ 6.) After sending a third email on March 11, 2024, Buckeye’s attorney responded indicating that he was following up with his client. (Id., ¶ 7.) Counsel for the parties’ communicated again on March 13, 2024, with Buckeye’s counsel indicating he was still awaiting a response. (Id., ¶ 8.)

Additionally, attorneys’ fees are enforced in the event of a dispute. (Id., Exh. A, pg. 6.)

Based on the foregoing, Plaintiff’s motion to enforce the Settlement Agreement is granted.

IV.Conclusion & Order

For the foregoing reasons, Plaintiff’s motion to enforce the Settlement Agreement is granted. The Court enters Judgment in favor of Plaintiff and against Defendant in the amount of $18,000.00, plus $2,265 in attorney fees and costs for a TOTAL of $20,265.00.

Moving party is ordered to give notice.