TENTATIVE RULING

Plaintiff Robert Greenberg’s Motion to Enforce Settlement Agreement is GRANTED in the amount of $48,900.

Plaintiff Robert Greenberg to give notice. 

REASONING

Plaintiff Robert Greenberg (“Plaintiff”) moves the Court for an order entering judgment in his favor pursuant to the terms of the settlement agreement between Plaintiff and Defendant Cynthia Montgomery (“Defendant”). Plaintiffs also seek to recover attorney fees and costs for enforcing the agreement.

Plaintiff contends that Defendant breached the parties’ agreement by failing to make any payments to him after July 5, 2024. Plaintiff states that Defendant has paid $16,100 to date in 13 payments, and he has applied a $5,000 discount, such that Defendant still owes $48,900 under the settlement agreement. (Mot., Greenberg Decl. ¶ 6.) Defendant has not cured the default and has told Plaintiff that she cannot make the payments owed. (Mot., Greenberg Decl. ¶ 7.)

“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 October 25, 2023 and Defendant on October 21, 2023 provides that Defendant was to pay Plaintiff $70,000 in $2,000 monthly payments until the settlement amount is paid in full. (Mot., Greenberg Decl. ¶ 2, Ex. A, at ¶ 1.) Defendant has filed no opposition to dispute that she has not paid the full 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. However, given that Plaintiff has provided no information as to attorney fees and costs, the Court declines to award any such fees, and it is improper to provide any evidence as to this request with the reply without giving Defendant notice to respond. Thus, any request for attorney fees and cost must be made pursuant to noticed motion. Accordingly, Plaintiff Robert Greenberg’s Motion to Enforce Settlement Agreement is GRANTED in the amount of $48,900.