Judge: Mark A. Young, Case: 19SMCV01483, Date: 2023-11-14 Tentative Ruling

Case Number: 19SMCV01483    Hearing Date: November 14, 2023    Dept: M

CASE NAME:           Fortier, et al., v. Laberge, et al.

CASE NO.:                19SMCV01483

MOTION:                  Motion to enter judgment pursuant to Code of Civil Procedure § 664.6

HEARING DATE:   11/14/2023

Legal Standard

If parties to pending litigation stipulate, in a writing signed by the parties outside of 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.

(CCP, § 664.6(a).)

“Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37; Critzer v. Enos (2010) 187 Cal.App.4th 1242, 1262.) In ruling on a motion under § 664.6, the trial judge may receive oral testimony, or may determine the motion upon declarations alone. (Corkland v. Boscoe (1984) 156 Cal.App.3d 989, 994.) Where the agreement was reached at a court hearing, the court can resolve the dispute on the basis of its own notes or recollection of what was agreed to (as well as any transcripts of the proceedings). (Richardson v. Richardson (1986) 180 Cal.App.3d 91, 97.)

Analysis

Plaintiffs and Cross-Complainants Chandra Fortier and Jason Laberge move for an order enforcing the terms of written Settlement and Mutual Release Agreement (hereinafter, the “Agreement”). (CCP § 664.6.) Specifically, they seek an order that Defendants/Cross-Complainant, Michael Laberge and Janelle D. Shawver, as administrator of the estate of Pamela McCarthy, comply with paragraph 3 of the Agreement. Further, they seek an award of $1,442.50 for attorneys’ fees and costs in bringing this motion. No opposition was submitted. Notably, on May 28, 2023, Pamela McCarthy died and her daughter Janelle D. Shawver was appointed administrator of her estate. (See Anaya Decl., Ex. B [Order for Probate in LASC case no. 23STPB06867].)

Moving parties demonstrate that parties entered into the Agreement. (Anaya Decl., Ex. A.) On March 28, 2023, the parties stipulated for the court to retain jurisdiction to enforce the settlement pursuant to Code of Civil Procedure section 664.6. Thus, the court may enter judgment pursuant to the terms of the settlement pursuant to section 664.6.  Plaintiffs seek to enforce the specific terms of paragraph 3(a) of the Agreement that provides: 

Agreement to Sell Malibu Property. The Parties agree to list the Malibu Property for sale. The parties further agree to the following in preparation for the sale: a. The Parties agree to cooperate in the entire sales transaction, including promptly executing all necessary documents to facilitate the sale.

Since July 13, 2023, Defendants failed to sign the letter of intent with the potential buyer of the Malibu Property and have refused to cooperate with the transfer of Mountain Parcels Nos. 1-4. In addition, Paragraph 16(g) of the Agreement provides for Attorneys' Fees

Accordingly, the motion is GRANTED. Moving parties are ordered to submit a proposed judgment incorporating the terms of the Agreement.  The request for attorneys’ fees is likewise GRANTED and shall be incorporated into the proposed judgment.