Judge: Layne H. Melzer, Case: 2011-00514299, Date: 2022-10-13 Tentative Ruling

PLT Alana Munoz

Motion to Enforce Settlement

The court grants Plaintiff Alana Munoz’s Motion to enter judgment against Defendants Sirous & Sons Rug Gallery Inc. and Saeid Maralan in the amount of $60,000 and $15,000, against each Defendant respectively, pursuant to CCP §664.6.

Legal Standard

If parties to pending litigation stipulate, in a writing signed by the parties outside 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.  If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (Code Civ. Proc., § 664.6.) Section 664.6 authorizes a court to enter judgment on a settlement agreement without the need for a new lawsuit only if certain requirements are met.  (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 304.) 

Merits

The court has jurisdiction to grant the requested relief as the complaint was never dismissed. (ROA 844, 850; Canal Street, Ltd. v. Sorich (2000) 77 CA4th 602, 608; Schiro v. Curci (1990) 220 CA3d 840, 844-845.)

The parties also stipulated in writing to extend the five years’ time to bring a case to trial CCP § 583.310. (See ROA 855).

Here, the parties reached an agreement on the record at an MSC. (ROA 842) Plaintiff provides the court with a transcript from the hearing after the settlement was reached on 5/29/19. (Yasuda Decl., ¶¶3-4, Ex. A.)

The parties/counsel settled for a $75,000; $15,000 payable by Saeid Maralan and $60,000 payable by Sirous & Sons Rug Gallery, Inc., to be paid over two-and-a-half years. (Id.) Plaintiff’s Counsel testifies that “[t]o date, neither party has paid any funds toward the settlement” and the date for the final payment has expired. (Yasuda Decl., ¶4, Ex A.)

Finally, both Defendants have filed a notice of non-opposition as to this Motion, in effect conceding the relief sought is appropriate.

Plaintiff is ordered to provide a proposed judgment for the court.