Judge: Mark E. Windham, Case: 23STLC05664, Date: 2024-04-23 Tentative Ruling

Case Number: 23STLC05664    Hearing Date: April 23, 2024    Dept: 26

iFab, Inc. v. The WCCD, Inc., et al.

ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff iFab, Inc.’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN PLAINTIFF’S FAVOR AND AGAINST DEFENDANT WCCD, INC. IN THE AMOUNT OF $16,000.00 PRINCIPAL.

PLAINTIFF IS TO FILE A REQUEST TO DISMISS DEFENDANT BUSINESS ALLIANCE INSURANCE CO. AND A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.

ANALYSIS:

Plaintiff iFab, Inc. (“Plaintiff”) filed the instant action against Defendant The WCCD, Inc. (“Defendant WCCD”) and Business Alliance Insurance Co. (“Defendant BAIC”) on September 1, 2023. On November 13, 2023, Plaintiff filed a Notice of Conditional Settlement.

On April 2, 2024, Plaintiff filed the instant Motion to Enforce Settlement, and Enter Judgment. To date, no opposition has been filed.

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 and their attorneys. (Motion, Artunyan Decl., Exh. A, p. 4.)

The settlement provides that Defendant WCCD would pay Plaintiff $24,000.00 through three monthly payments of $8,000.00 by October 31, 2023, November 30, 2023, and December 15, 2023. (Id. at Exh. A, ¶1.) Total payments of $8,000.00 were made towards the settlement, after which Defendant WCCD defaulted. (Id. at ¶3 and Exh. B.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendant in the amount of $16,000.00 principal ($24,000.00 - $8,000.00).

Conclusion

Plaintiff iFab, Inc.’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN PLAINTIFF’S FAVOR AND AGAINST DEFENDANT WCCD, INC. IN THE AMOUNT OF $16,000.00 PRINCIPAL.

PLAINTIFF IS TO FILE A REQUEST TO DISMISS DEFENDANT BUSINESS ALLIANCE INSURANCE CO. AND A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.