TENTATIVE RULING

Plaintiff Alan Kapilow’s Motion to Vacate Dismissal and Enter Stipulated Judgment, in Enforcement of Settlement is GRANTED.

Plaintiff Ralph Churchwell to give notice. 

REASONING

“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.) 

On August 13, 2018, Plaintiff Alan Kapilow (“Plaintiff”) and Defendant Dipu Haque (“Defendant”) purportedly entered into a Settlement and General Release Agreement regarding Plaintiff’s claims in this action. (Mot., Kapilow Decl. ¶ 2, Ex. 1.) The agreement provides that “[t]he Court should retain jurisdiction over this settlement pursuant to CCP § 664.6.” (Mot., at ¶ 9.) The parties then entered into a 2nd Amendment to Settlement and General Release Agreement on September 30, 2019. (Mot., Kapilow Decl. ¶ 3, Ex. 3.) The first agreement is signed by Plaintiff and Defendant in counterpart. Notably, only the first agreement  includes the provision for the Court to retain jurisdiction pursuant to Code of Civil Procedure section 664.6. The Court may incorporate the terms of the first agreement into the second agreement as provided in the second agreement to enforce the terms providing for continued jurisdiction.    Accordingly, Plaintiff Alan Kapilow’s Motion to Vacate Dismissal and Enter Stipulated Judgment, in Enforcement of Settlement is GRANTED..