Judge: Mark E. Windham, Case: 18STLC03952, Date: 2024-06-13 Tentative Ruling

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Case Number: 18STLC03952    Hearing Date: June 13, 2024    Dept: 26

 

Sokolsky v. Homeless to Forever Foundation, et al.

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)


TENTATIVE RULING:

 

Plaintiff Gregg Sokolsky aka Affordable Dog Training And Anti-Aggression By Gregg Sokolsky’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN PLAINTIFF’S FAVOR AND AGAINST DEFENDANTS HOMELESS TO FOREVER FOUNDATION AND CATHERINE MACIAS IN THE AMOUNT OF $5,240.00 PRINCIPAL, $479.00 INTEREST, $2,320.00 ATTORNEY’S FEES, AND $60.00 COSTS.

 

 

ANALYSIS:

 

On March 9, 2018, Plaintiff Gregg Sokolsky aka Affordable Dog Training And Anti-Aggression By Gregg Sokolsky (“Plaintiff”) filed this action for breach of contract and common counts against Defendants Homeless to Forever Foundation and Catherine Macias (“Defendants”). Defendant Macias filed an answer on July 18, 2019. On September 25, 2019 Plaintiff filed a copy of the parties’ settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on the same date. (Stip and Order, filed 09/25/19.)

 

On April 3, 2024, Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement, and Enter Judgment. To date, no opposition has been filed.

 

Discussion

 

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 because it was signed by both parties. (Motion, Tang Decl., Exh. 3, p. 8.)

 

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, Tang Decl., Exh. 4.)

 

The settlement provides that Defendants would pay Plaintiff $10,000.00 through an initial payment of $1,000.00, followed by monthly payments starting on September 15, 2019. (Id. at Exh. 3, §II(D).) The settlement agreement also provides if Defendants default, Plaintiff may seek judgment in the outstanding settlement amount. (Id. at §II(E).) Payments of $4,760.00 were made towards the settlement, after which Defendant defaulted. (Id. at ¶¶17-19 and Exh. 5.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendant in the amount of $5,240.00 principal ($10,000.00 - $4,760.00), plus $479.00 interest at ten percent per annum from April 15, 2023, $2,320.00 attorney’s fees for 5.8 hours billed at $400.00 per hour, and $60.00 costs. (Id. at ¶¶23-31.)

 

Conclusion

 

Plaintiff Gregg Sokolsky aka Affordable Dog Training And Anti-Aggression By Gregg Sokolsky’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN PLAINTIFF’S FAVOR AND AGAINST DEFENDANTS HOMELESS TO FOREVER FOUNDATION AND CATHERINE MACIAS IN THE AMOUNT OF $5,240.00 PRINCIPAL, $479.00 INTEREST, $2,320.00 ATTORNEY’S FEES, AND $60.00 COSTS.

 

 

Moving party to give notice.