Judge Lee W. Tsao, Case Number: 19NWCV00382, Date: 2024-06-06 Tentative Ruling

Judge: Lee W. Tsao, Case: 19NWCV00382, Date: 2024-06-06 Tentative Ruling

Case Number: 19NWCV00382 Hearing Date: June 6, 2024 Dept: C

ROMERO v. JIMENEZ

CASE NO.: 19NWCV00398

HEARING: 06/06/24

Plaintiff FERNANDO ROMERO’s unopposed Motion to Enforce Settlement and Enter Judgment against Defendant JESUS JIMENEZ is GRANTED.

Moving Party to give Notice.

No Opposition filed as of June 3, 2024.

This action was filed on May 3, 2019.

This case settled on April 14, 2022 at a Mandatory Settlement Conference presided over by Judge Ann H. Park in Dept. SE-P. Based on the Court’s April 14, 2022 M.O., the court reviewed and approved the terms of the settlement, and retained jurisdiction under CCP §664.6. (See 04/14/22 M.O.) On July 15, 2022, the Complaint was dismissed without prejudice by the Plaintiff pursuant to an oral request made in open Court. (See 07/15/22 M.O.) The Court’s 07/15/22 Order states: “The Court retains jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to [CCP §] 664.6.)” (Id.)

“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.” (emphasis added.) (CCP. §664.6.)

Plaintiff and Defendants entered into a Stipulated Settlement. The parties requested that this Court retain jurisdiction over the parties to enforce the settlement pursuant to CCP §664.6. Plaintiff has attached a copy of the written agreement between the parties. (See Danna Decl., Ex. 1.)

The Stipulated Settlement indicates that Defendant agreed to make installment payments according to a detailed time-table agreed upon by the parties. (See Gastelum Decl., Ex. D.)

Defendant defaulted on May 14, 2023, and then again on November 14, 2023. (Gastelum Decl., ¶5.) Defendant is in breach of the written settlement agreement entered into by the parties. The Motion to Enforce the Settlement Agreement is GRANTED pursuant to CCP §664.6. The Dismissal is set aside. Judgment shall be entered against Defendant JESUS JIMENEZ in the sum of $66,344.46.