Judge: Mark E. Windham, Case: 24STLC01568, Date: 2024-11-20 Tentative Ruling

Case Number: 24STLC01568    Hearing Date: November 20, 2024    Dept: 26

 National Commercial Recovery, Inc. v. El Arabachi, et al.

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff National Recovery, Inc.’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN PLAINTIFF’S FAVOR AND AGAINST DEFENDANTS IN THE AMOUNT OF $13,999.95 PRINCIPAL, PLUS 18 PERCENT INTEREST FROM JULY 14, 2021, AND $575.00 COSTS.

ANALYSIS:

On March 5, 2024, Plaintiff National Recovery, Inc. (“Plaintiff”) filed this subrogation action against Defendants El Arabachi, El Arabachi Express, LLC dba El Arabachi, JCG, Inc. dba El Arabachi; Cindy Cea aka Cindy Noemi Cea aka Cindy Abril aka Cindy Noemi Abril, and Jose Abril aka Joey Abril (“Defendants”). On April 2, 2024, Plaintiff filed a Notice of Settlement (Conditional). On September 11, 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.) The settlement agreement complies with the statutory requirements set forth above because it was signed by all parties. (Motion, Besnyl Decl., Exh. A, p. 8.)

The settlement provides that Defendants would pay Plaintiff $23,999.95 through monthly payments starting on March 20, 2024. (Id. at Exh. A, ¶2.) The settlement agreement also provides that in the event of Defendant’s default, Plaintiff may seek judgment plus interest and costs. (Id. at Exh. A, ¶7.) Payments of $10,000.00 were made towards the settlement, after which Defendant defaulted. (Id. at ¶3 and Exh. B.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendants in the amount of $13,999.95 principal ($23,999.95 - $10,000,00) 18 percent interest from July 21, 2021, and $575.00 in costs. (Id. at ¶5.)

Conclusion

Plaintiff National Recovery, Inc.’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN PLAINTIFF’S FAVOR AND AGAINST DEFENDANTS IN THE AMOUNT OF $13,999.95 PRINCIPAL, PLUS 18 PERCENT INTEREST FROM JULY 14, 2021, AND $575.00 COSTS.

Moving party to give notice.