Judge Mark E. Windham, Case Number: 21NWLC12669, Date: 2023-09-18 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

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Plaintiff CMRE Financial Services, Inc.’s Motion for Entry of Judgment is GRANTED. JUDGMENT IS ENTERED IN THE AMOUNT OF $632.35.

Plaintiff CMRE Financial Services, Inc. (“Plaintiff”) filed the instant Complaint for money against Defendant Gabriel Garcia (“Defendant”) on April 1, 2021. On September 13, 2021, Plaintiff filed a Notice of Settlement.

Nothing was filed in the action until more than a year-and-a-half later on March 15, 2023, when Plaintiff filed the instant Motion to Enter Judgment. The Motion was initially set for hearing on May 31, 2023 in Department Y of the Norwalk Courthouse at which time Defendant made his first appearance. (Minute Order, 05/31/23.) Prior to hearing the Motion, the Court determined that the action should be transferred to the limited jurisdiction court. (Minute Orders, 05/31/23 and 06/02/23.)

A trial setting conference was set for July 18, 2023, with notice only given to Plaintiff. (Minute Order, 06/02/23; Certificate of Mailing, 06/02/23.) At the trial setting conference, the Motion was set for hearing on September 18, 2023. (Minute Order, 07/18/23.) Defendant did not appear at the trial setting conference and Plaintiff was ordered to give notice of the ruling. (Ibid.)

On September 18, 2023, the Motion came for hearing and the Court determined that it was defective for failing to give notice to Defendant and lack of any memorandum of points and authorities. (Minute Order, 09/18/23.) The Court continued the hearing to November 20, 2023 to allow Plaintiff to correct these defects by October 20, 2023. (Ibid.) Plaintiff filed a notice of continuance with supplemental points and authorities on October 17, 2023. No opposition has been filed to date.

The motion is brought pursuant to 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. (Motion, Sanchez Decl., Exh. 1, p. 2.) Under the settlement, Defendant was to pay Plaintiff a principal sum of $2,006.00, prejudgment interest of $328.10, attorney’s fees of $210.00; and court costs of $265.45 for a total sum of $2,809.55. (Id. at p. 1:1-7.) Payments were to be made in the following manner: $240.00 already paid as of May 25, 2021, receipt of which is acknowledged by Plaintiff; and thereafter at $117.10 per month commencing on June 28, 2021 and continuing on the 28th day of each month thereafter until paid in full. (Ibid.)

Total payments of $2,138.20 were made towards the settlement, after which Defendant defaulted. (Id. at p. 3:6-8.) Defendant currently owes $2,770.55. (Id. at p. 3:9-10.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendant in the amount of $632.35 principal ($2,770.55 - $2,138.20). (Id. at ¶8.)

Plaintiff CMRE Financial Services, Inc.’s Motion for Entry of Judgment is GRANTED. JUDGMENT IS ENTERED IN THE AMOUNT OF $632.35.