Judge: Lee S. Arian, Case: 18SCTV04254, Date: 2025-06-12 Tentative Ruling

Case Number: 18SCTV04254    Hearing Date: June 12, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Legal Standard

CCP § 664.6 states: “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.”

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.)¿ To enforce a written settlement agreement under CCP section 664.6, the following three elements must be met: (1) the parties must have come to a meeting of the minds on all material points; (2) there must be a writing that contains the material terms of the agreement; and (3) the writing must be signed by the parties.¿ (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 797-98.)¿ 

CCP § 664.6 “require[s] the signatures of the parties seeking to enforce the agreement under [Code of Civil Procedure] section 664.6 and against whom the agreement is sought to be enforced.”¿ (J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 Cal.App.4th 974, 985.)¿ CCP § 664.6’s “requirement of a ‘writing signed by the parties’ must be read to apply to all parties bringing the section 664.6 motion and against whom the motion is directed.”¿ (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 306; see Sully-Miller Contracting Co. v. Gledson/Cashman Const., Inc. (2002) 103 Cal.App.4th 30, 35-37 [“A written settlement agreement is not enforceable under section 664.6 unless it is signed by all of the parties to the agreement, not merely the parties against whom the agreement is sought to be enforced.”].)¿ “A procedure in which a settlement is evidenced by one writing signed by both sides minimizes the possibility of … dispute[s] and legitimizes the summary nature of the section 664.6 procedure.”¿ (Robertson v. Chen (1996) 44 Cal.App.4th 1290, 1293.)¿¿¿¿ 

Discussion 

On June 18, 2021, the parties entered into a written Stipulation for Entry of Judgment in which Defendants Todd Omens and Sabnry Omens agreed to have judgment entered in Plaintiff’s favor in the amount of $12,096.93 as full settlement of this action. Under the terms of the agreement, an initial payment of $3,096.93 was to be made by Defendants’ insurance carrier on or before June 15, 2021. Beginning July 15, 2021, Defendants were to make monthly payments of $75.00 for six months. Starting January 15, 2022, Defendants were to increase the monthly payments to $100.00 until the full settlement amount was paid.

Defendants’ insurance carrier complied with the agreement and paid $3,096.93. Defendants also made monthly payments totaling $3,025.00 but have since defaulted on the remaining balance.

On March 12, 2025, Plaintiff mailed Defendants a default letter regarding the missed payments pursuant to the agreement but received no response. Plaintiff now moves the Court to set aside the dismissal of this case and to enter judgment pursuant to the parties’ agreement in favor of Plaintiff in the amount of $6,475.00, consisting of the remaining balance of $5,975.00 plus $500.00 in costs.

All requirements to enforce the settlement have been met here. There was a meeting of the minds on all material terms, including the amount, scope, and payment terms of the settlement. The parties signed and filed a stipulation containing all the material terms. The stipulation/agreement is signed by all parties. Thus, the Court grants the present motion and will ent in the amount of $6475.00.00 against Defendants Todd Omens and Sabnry Omens, jointly and severally. While the Court will enter Judgment, it does not appear that it is necessary to set aside the dismissal since the parties provided for the Court to retain jurisdiction to enforce the settlement.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.