Judge: Malcolm Mackey, Case: 19STCV23318, Date: 2023-05-22 Tentative Ruling

Case Number: 19STCV23318    Hearing Date: May 22, 2023    Dept: 55

BERETTA v. LAKESIDE RESTAURANT & LOUNGE             19STCV23318

Hearing Date:  2/22/23,  Dept. 55

#2:   MOTION TO ENFORCE SETTLEMENT AGREEMENT AND ENTER JUDGEMENT PER CCP § 664.6; AND REQUEST FOR SANCTIONS OR AN ORDER AWARDING ATTORNEY’S FEES AND COSTS.

Notice:  Okay

No Opposition

MP:  Plaintiffs

RP:  

Summary

On 7/3/19, plaintiffs filed a Complaint alleging that a Plaintiff was a non-exempt employee working as server for defendants committing various wage-and-hour violations, and the individual owner defendant sexually harassed Plaintiff.

The causes of action are:

(1) FAILURE TO PROVIDE MEAL PERIODS;

(2) FAILURE TO PROVIDE REST PERIODS;

(3) FAILURE TO PAY OVERTIME;

(4) FAILURE TO PAY ALL WAGES;

(5) FAILURE TO PAY WAITING TIME PENALTIES;

(6) FAILURE TO PROVIDE ACCURATE ITEMIZED WAGE STATEMENTS;

(7) UNFAIR BUSINESS PRACTICE;

(8) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS;

(9) SEXUAL DISCRIMINATION IN VIOLATION OF THE FEHA;

(10) SEXUAL HARASSMENT IN VIOLATION OF THE FEHA;

(11) RETALIATION IN VIOLATION OF FEHA;

(12) FAILURE TO PREVENT DISCRIMINATION AND HARASSMENT IN VIOLATION OF FEHA;

(13) WRONGFUL TERMINATION IN VIOLATION FEHA

(14) WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY.

MP Positions

Moving parties request the Court to enter a judgment, in the principal amount of $80,000.00, plus statutory interest in the amount of 10% per annum starting 12/30/22, and to award sanctions or attorneys’ fees and costs ($2,765.61), on bases including the following:

·         The settlement agreement (motion, ex. A) between the parties requires that Defendants pay Plaintiffs the amount of $80,000.00.  Code of Civil Procedure section 664.6.

·         Defendants have yet to provide payment of the settlement funds within 30 days of execution of the agreement, despite the agreement having been made in August of 2022.

·         Plaintiff’s Counsel has made many attempts via emails and text messages to Defense Counsel, in order to get updates on the status of the payment due to the Plaintiffs. (Fakhoury Decl. ¶ 5).

·         Defendants made many false promises about paying pursuant to the settlement agreement.

Tentative Ruling

The unopposed motion is granted, as prayed.  CCP   § 664.6.

The Court finds that the provisions of the settlement agreement, attached to the motion, provide for entry of judgment for $80,000, plus the requested interest and attorneys’ fees and costs.

Courts are empowered to enter judgments pursuant written settlements signed by the parties.  Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1428; CCP §664.6.  In deciding a motion pursuant to Section 664.6, judges may receive evidence, determine terms the parties agreed upon, and enter the terms of a settlement agreement as a judgment.   Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1360.