Judge Mark E. Windham, Case Number: 18STLC02435, Date: 2023-10-24 Tentative Ruling

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Biggs v. Johnson, et al.

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

Plaintiff Brent Biggs’ Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN PLAINTIFF’S FAVOR AND AGAINST DEFENDANT THOMAS JOHNSON IN THE AMOUNT OF $12,860.00 PRINCIPAL. PLAINTIFF IS TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.

On February 13, 2018, Plaintiff Brent Biggs (“Plaintiff”), in pro per, filed this action for breach of loan agreement against Defendant Thomas Johnson (“Defendant”). Defendant, also in pro per, filed an answer on May 18, 2023. Following mediation, the parties signed and filed a settlement agreement on February 5, 2020. (Minute Order, 02/05/23.) The Court also dismissed the action with a retention of jurisdiction to enforce the stipulation pursuant to Code of Civil Procedure section 664.6. (Ibid.)

On August 2, 2023, Plaintiff filed the instant “Motion for Judgment on the Pleadings,” which is actually a motion to enter judgment pursuant to the parties’ settlement agreement. The Motion initially came for hearing on October 24, 2023 and was continued at Defendant’s request. (Minute Order, 10/24/23.) To date, no opposition has been filed.

The instant motion is brought under Code of Civil Procedure, section 664.6, which states in relevant part:

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, subd. (a).) Prior to January 1, 2021, “parties” under section 664.6 meant the litigants themselves, not their attorneys. (Levy v. Superior Court (1995) 10 Cal.4th 578, 586.) The current statute provides that “parties” includes “an attorney who represents the party” and an insurer’s agent. (Code Civ. Proc., § 664.6, subd. (b).) The settlement must include the signatures of the parties seeking to enforce the agreement, and against whom enforcement is sought. (J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 Cal.App.4th 974, 985.) Plaintiff has demonstrated the settlement agreement complies with the statutory requirements set forth above as it was signed by both parties. (Stipulation Re Settlement, filed 02/05/23, p. 2.)

Furthermore, the request for retention of jurisdiction must be made in writing, by the parties, before the action is dismissed for the Court’s retention of jurisdiction to conform to the statutory language. (Wackeen v. Malis (2002) 97 Cal.App.4th 429, 433 [“If, after a suit has been dismissed, a party brings a section 664.6 motion for a judgment on a settlement agreement but cannot present to the court a request for retention of jurisdiction that meets all of these requirements, then enforcement of the agreement must be left to a separate lawsuit.”].) The parties’ request for retention of jurisdiction complies with these requirements because it was made in writing to the Court before the action was dismissed. (Motion, Attachment A, ¶6.)

The settlement provides that Defendant would pay Plaintiff $17,000.00 through monthly payments starting on January 15, 2021. (Id. at Attachment A, ¶1.) The settlement agreement also provides that if Defendant defaults, Plaintiff may seek judgment in the settlement amount, less any monies paid. (Id. at Attachment A, ¶2.) Payments of $4,320.00 were made towards the settlement, after which Defendant defaulted. (Id. at Attachments C-D.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendant in the amount of $12,680.00 principal ($17,000.00 - $4,320.00). (Id. at Exh. A, ¶4.)

Plaintiff Brent Biggs’ Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF BRENT BIGGS AND AGAINST DEFENDANT THOMAS JOHNSON IN THE AMOUNT OF $12,860.00 PRINCIPAL. PLAINTIFF IS TO FILE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.