Judge: Mark E. Windham, Case: 23STLC01291, Date: 2024-03-19 Tentative Ruling
Case Number: 23STLC01291 Hearing Date: March 19, 2024 Dept: 26
F&W Distribution, LLC v. Clara Baldwin Stocker Home for Women, et al.
MOTION TO ENTER JUDGMENT PURSUANT TO STIPULATION
(CCP § 664.6)
TENTATIVE RULING:
Plaintiff F&W Distribution, LLC’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF IN THE AMOUNT OF $1,730.95, PRINCIPAL, $465.17 COSTS, AND $75.26 INTEREST.
ANALYSIS:
On February 22, 2023, Plaintiff F&W Distribution, LLC (“Plaintiff”) filed this action for breach of contract and common counts against Defendant Clara Baldwin Stocker Home for Women aka Clara Baldwin Stocker (“Defendant”) and Charles Brugh (“Brugh”). Plaintiff filed a Notice of Settlement on March 29, 2023 and concurrently dismissed Brugh. The Motion for Stipulated Judgment was filed on February 13, 2024.
Legal Standard
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. (Motion, Stern Decl., p. 4.)
The settlement provides that Defendant would pay Plaintiff $20,771.39 through monthly payments upon execution of the agreement in March 2023. (Id. at Attachment A, ¶3.) 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, ¶4.) 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 $5,192.85 principal ($20,771.39 - $15,122.37), $456.17 costs, and interest of $75.26. (Id. at ¶7.) On March 18, 2024, Counsel for Plaintiff informed the Court that Defendant has made additional payment with two checks totalling $3,461.90 which may be deducted from the principal. The Court will adjust the judgment accordingly.
Conclusion
Moving party to give notice.