Judge Lee W. Tsao, Case Number: 21NWCV00209, Date: 2023-10-04 Tentative Ruling

Judge: Lee W. Tsao, Case: 21NWCV00209, Date: 2023-10-04 Tentative Ruling

Case Number: 21NWCV00209 Hearing Date: October 4, 2023 Dept: C

Strategic funding v. city plumbing, et al.

CASE NO.: 21NWCV00209

HEARING: 10/4/23 @ 9:30 AM

Plaintiff’s Motion to Enforce Settlement is GRANTED.

Moving Party to give NOTICE.

Plaintiff Strategic Funding Source, Inc. (Plaintiff) moves for an order enforcing the settlement pursuant to CCP § 664.6. The Motion is unopposed.

Background

Plaintiff filed a Complaint against Defendants City Plumbing Inc., Jeana Feolo, and Chad McComb (collectively Defendants) for breach of contract. The parties entered into a Settlement Agreement and signed a stipulation for the Court to retain jurisdiction to enforce the Settlement Agreement.

Legal Standard

“If parties to pending litigation stipulate, in 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.” (CCP § 664.6.)

Discussion

The parties filed a stipulation for the Court to maintain jurisdiction pursuant to CCP § 664.6 which was granted on July 20, 2021. Defendants stopped making payments under the Settlement Agreement on September 29, 2022 with $13,357 outstanding. (Zullo Decl., ¶ 4 and Ex. 2.) Plaintiff requests prejudgment interest pursuant to Civil Code § 3287(a) calculated at $3.6595 per day from September 29, 2022 to the date of the hearing (370 days). Plaintiff requests $700.00 in attorneys’ fees pursuant to enforcing the Settlement Agreement. (Settlement Agreement 13g.)

Accordingly, Plaintiff Motion to Enforce Settlement is GRANTED. Judgment shall be entered in favor of Plaintiff and against Defendants, jointly and severally, in the principal sum of $13,357.00 plus $1,354.02 in prejudgment interest and $700.00 for attorneys’ fees.