Judge: Mark E. Windham, Case: 21STLC08803, Date: 2022-07-28 Tentative Ruling

Case Number: 21STLC08803    Hearing Date: July 28, 2022    Dept: 26

ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff GenInterlock.com’s Enforce Settlement Agreement and Enter Judgment is GRANTED IN THE AMOUNT OF $21,140.00 PRINCIPAL, $3,815.00 ATTORNEY’S FEES AND $131.63 COSTS.

ORDER TO SHOW CAUSE RE DISMISSAL OF DEFENDANT ADAM MARTINELLI IS SET FOR SEPTEMBER 1, 2022 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff GenInterlock.com (“Plaintiff”) filed the instant action for breach of contract and fraud against Defendants Martinelli Marketing, LLC dba Best Deal Forklifts (“Defendant BDF”) and Adam Martinelli (“Defendant Martinelli”) on December 13, 2020.

Plaintiff filed the instant Motion to Enforce Settlement and Enter Judgment against Defendant BDF on April 19, 2022. No opposition has been filed to date.

Discussion

The Motion to Enforce Settlement 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.) 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 (holding “we conclude that the term ‘parties’ as used in section 664.6 means the litigants themselves, and does not include their attorneys of record.”).) Additionally, the settlement must have included 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.)

The settlement agreement here complies with the statutory requirements set forth above because it was signed by both parties. (Motion, Kennedy Decl., Exh. 6, p. 5.) The settlement agreement provides that Defendant BDF would pay Plaintiff $21,140.00 within 14 days of its execution, in exchange for dismissal of the covered claims. (Id. at Exh. 6, ¶¶6-7.) The settlement agreement also provides that if a dispute arises relating the Agreement, the prevailing party is entitled to all their costs, including attorney’s fees. (Id. at Exh. 6, ¶11.7.)

To date, Defendant BDF have not paid the settlement amount as agreed. (Id. at ¶7; Samson Decl., ¶6.) Plaintiff, therefore, is entitled to an order enforcing the settlement agreement and entering judgment against it in the principal amount of $21,140.00. With respect to the request for attorney’s fees, Defendant seek $7,315.00 in fees and $131.63 in costs. (Motion, Kennedy Decl., ¶9.) In light of the lack of any opposition, the fees award is reduced to $3,815.00. Therefore, Plaintiff is awarded fees of $3,815.00 and costs of $131.63.

Finally, the Court notes that although the settlement agreement also binds Defendant Martinelli, Plaintiff does not seek to enter judgment against him. Plaintiff must file a dismissal as to Defendant Martinelli within 20 days of this order.

Conclusion

Plaintiff GenInterlock.com’s Enforce Settlement Agreement and Enter Judgment is GRANTED IN THE AMOUNT OF $21,140.00 PRINCIPAL, $3,815.00 ATTORNEY’S FEES AND $131.63 COSTS.

ORDER TO SHOW CAUSE RE DISMISSAL OF DEFENDANT ADAM MARTINELLI IS SET FOR SEPTEMBER 1, 2022 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.