Judge: Lee S. Arian, Case: 22STCV21678, Date: 2025-04-28 Tentative Ruling

Case Number: 22STCV21678    Hearing Date: April 28, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 21, 2021, Defendant Colette Bagan and Sandra Bagan’s insurance carrier, State Farm, laid out the factual findings in this case and extended an offer of $90,480 to Plaintiff. On August 30, 2021, Plaintiff’s case manager agreed to the offer presented. On July 5, 2022, Plaintiff filed the operative complaint. Defendants now move the Court to enforce the purported settlement agreement under Code of Civil Procedure section 664.6 based on the August 30, 2021 acceptance.

Code of Civil Procedure section 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.” 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.)

Section 664.6 applies only to pending litigation. The case law is clear that it cannot be utilized to enforce a settlement reached before suit was filed. (Kirby v. Southern California Edison Co. (2000) 78 Cal.App.4th 840, 845.) As the Kirby court explained:

"The statutory language at issue here refers to settlements by 'parties to pending litigation' who 'stipulate ... for settlement of the case ....' That language is clear and unambiguous. As used in section 664.6, the term 'parties' means 'litigants.' There can be no litigants until there is a case on file to litigate. And no one can stipulate to a settlement of 'the case' unless and until that case has been filed. Accordingly, that language can only be intended to refer to settlement agreements entered into while litigation between the settling parties is pending." (Id. at p. 845.)

Accordingly, the motion is denied because the purported settlement agreement was entered into before the filing of this case. The Court notes that because Code of Civil Procedure section 664.6 is statutory in nature, strict compliance is required. However, the case law does recognize that there may be other avenues to enforce a pre-litigation settlement agreement.

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.