Judge: Lisa K. Sepe-Wiesenfeld, Case: 23SMCV02659, Date: 2025-05-29 Tentative Ruling
Case Number: 23SMCV02659 Hearing Date: May 29, 2025 Dept: N
TENTATIVE RULING
Plaintiff Swink’s Welding Inc.’s Motion to Enforce Settlement is GRANTED in the amount of
$13,560.
Plaintiff Swink’s Welding Inc. to give notice.
REASONING
Plaintiff Swink’s Welding Inc. (“Plaintiff”) moves the Court for an order entering judgment in its
favor pursuant to the terms of the settlement agreement between Plaintiff and Defendants AGCC,
LLC, Colin Dyne, and Shari Dyne (“Defendants”). Plaintiffs also seek to recover attorney fees
and costs for enforcing the agreement.
Plaintiff contends that Defendants breached the parties’ agreement by failing to make the
required $12,000 payment due by February 5, 2025. (Mot., Ryan Decl. ¶ 7.) Plaintiff states that
there have been no attempts to cure the default, and opposing counsel has been nonresponsive.
(Mot., Ryan Decl. ¶¶ 8-9.)
“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.” (Code Civ. Proc., § 664.6.)
The settlement agreement signed by Plaintiff on November 12, 2024 and Defendants on January
12, 2025 provides that Defendants were to pay Plaintiff $12,000 by February 5, 2025. (Mot.,
Ryan Decl. ¶ 6, Ex. A, at ¶ 2.) Defendants have filed no opposition to dispute that they have not
paid the amount owed. The settlement agreement was a writing signed by the parties, it was
reached pending litigation, it was reached by mutual consent of the parties, and the terms of the
agreement are clear. Thus, it is proper to enter an order enforcing the settlement agreement.
Further, the agreement provides that in the event of litigation to enforce the agreement, the
prevailing party in such a dispute is entitled to recover attorney fees. (Mot., Ryan Decl. ¶ 6, Ex.
A, at ¶ 11.)
Given that there was no opposition, Plaintiff may recover for two hours of attorney
work preparing the motion and one hour appearing at the hearing on the motion, at the rate of
$500, plus a $60 motion filing fee. Thus, Plaintiff Swink’s Welding Inc.’s Motion to Enforce
Settlement is GRANTED in the amount of $13,560, which represents an unpaid amount of
$12,000 and $1,560 in attorney fees.
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