Judge Lee W. Tsao, Case Number: VC066680, Date: 2023-08-16 Tentative Ruling

Judge: Lee W. Tsao, Case: VC066680, Date: 2023-08-16 Tentative Ruling

Case Number: VC066680 Hearing Date: August 16, 2023 Dept: C

Calderon v. Maywood, llc

CASE NO.: VC066680

HEARING: 8/16/23 @ 9:30 AM

Plaintiff J. Vladimir Calderon’s Motion to Enforce Settlement is GRANTED. Plaintiff’s requests for prejudgment interest at a rate of ten percent (10%) is GRANTED beginning on May 1, 2023 and Plaintiff’s request for $3,661.65 in attorney’s fees is GRANTED.

Moving Party to give NOTICE.

Plaintiff J. Vladimir Calderon (Plaintiff) moves for an order enforcing the settlement pursuant to CCP § 664.6.

Background

This action arises from a dispute as to the sale of real property in Maywood. At the February 28, 2023 Mandatory Settlement Conference, the parties agreed to an oral stipulated settlement on record.

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 orally agreed to settlement before this Court on February 28, 2023. “Defendants have agreed to pay and Plaintiff agreed to accept the sum of $400,000.00 (four hundred thousand dollars), as and for a complete settlement in this case, between these parties only.” “In the event of default, the parties agree that the Defendants will be responsible for reasonable Attorneys fees incurred in enforcing the judgment.” Plaintiff seeks to enforce the judgment in the remaining $133,000.00, prejudgment interest pursuant to Civil Code § 3287, and attorney’s fees pursuant to the terms of the settlement. Defendants do not dispute that they owe Plaintiff $133,000.00, however, they argue that prejudgment interest was not included in the settlement agreement and that the attorney’s fees are not for enforcing the judgment.

The Court enters judgment pursuant to the terms of the Stipulated Settlement. The parties agree that $133,000.00 of the $400,000.00 settlement is outstanding, thus, the Court enters judgment in the amount of $133,000.00 for Plaintiff and against Defendants.

As to prejudgment interest, Civil Code § 3287 applies because the Stipulated Settlement is now subject to a judgment against Defendants. By the terms of the Stipulated Settlement, the Court retained jurisdiction pursuant to CCP § 664.6 to enter judgment to enforce the terms of the Stipulated Settlement. Defendants have failed to comply with the terms of the Stipulated Settlement by failing to fully fund the $400,000.00 by April 30, 2023. Thus, the remaining $133,000.00 now becomes subject to a judgment against Defendants. Defendants argue that they did not agree to allow prejudgment interest. However, the Stipulated Settlement becomes a judgment subject to Civil Code § 3287 upon default of Defendants on May 1, 2023, to fully fund the settlement. Thus, prejudgment interest is appropriate from May 1, 2023 to the date Defendants fully fund the settlement at a rate of ten percent (10%) or $36.44 per day.

As to the attorney’s fees, the Stipulated Settlement provides that Defendants shall be responsible for attorney’s fees in enforcing the judgment. Here, Plaintiff has incurred attorney’s fees due to Defendants’ default in funding the settlement. Thus, these are exactly the type of attorney’s fees contemplated by the Stipulated Settlement.

Accordingly, Plaintiff J. Vladimir Calderon’s Motion to Enforce Settlement is GRANTED. Plaintiff’s requests for prejudgment interest at a rate of ten percent (10%) is GRANTED beginning on May 1, 2023 and Plaintiff’s request for $3,661.65 in attorney’s fees is GRANTED.