Judge: Lee S. Arian, Case: 20STCV24249, Date: 2025-03-28 Tentative Ruling

Case Number: 20STCV24249    Hearing Date: March 28, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Background

This is an unopposed motion to enforce a settlement agreement. On May 3, 2024, the parties, including Plaintiff Alibelle Pilimai, Plaintiff Evelin Salgado, and Defendant Tropical Entertainment, Inc. ("Defendant"), entered into a written settlement agreement under which Defendant agreed to pay each Plaintiff $62,500 in monthly installments of $5,000 beginning April 1, 2024, with a final installment of $2,500 due on April 1, 2025. (See Exh. A to the Declarations of Stephen Madoni and Boyd Johnson.) Payments were due on the first day of each month. Defendant made timely payments from April 2024 through November 2024, but breached the agreement by rendering only a partial payment of $2,500 for December 2024, which was paid in January 2025. Defendant failed to make any payments for January or February 2025. Defendant currently owes each Plaintiff a remaining balance of $20,000 under the settlement agreement. Plaintiffs now move the Court for entry of judgment in accordance with the terms of the settlement agreement.

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.)

Discussion

Plaintiffs submitted a written settlement agreement executed by all parties. First, there was a meeting of the minds on all material terms, as the agreement was negotiated by counsel and mutually accepted. Further, Defendant partially performed its obligations under the agreement until payments ceased in January 2025. Second, the agreement contains all material terms and is nine pages in length, setting forth the full scope of the parties' obligations. Third, the agreement is signed by all parties. Finally, there is a provision within the agreement stating that “This Agreement may be enforced under California Code of Civil Procedure 664.6 upon a noticed motion or on an ex parte basis. The Los Angeles County Superior Court shall retain jurisdiction over this matter for purposes of enforcing this Agreement.” Because all three requirements under Code of Civil Procedure section 664.6 have been met, the motion is granted.

Judgment in the amount of $20,000 is entered against Defendant Tropical Entertainment, Inc. for Plaintiff Evelin Larrea Salgado and Judgment in the amount of $20,000 is entered against Defendant Tropical Entertainment, Inc. for Plaintiff Alibelle Pilimai

Code of Civil Procedure section 664.6 does not provide for sanctions, nor has Plaintiffs cited any statutory or case law authority supporting an award of sanctions or attorney’s fees for a motion filed under section 664.6. Accordingly, the requests for sanctions and attorney’s fees are denied. 

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.