Judge: Mark H. Epstein, Case: 22SMCV01304, Date: 2023-04-18 Tentative Ruling

Case Number: 22SMCV01304    Hearing Date: April 18, 2023    Dept: R

The court has reviewed the ex parte papers.  According to plaintiff, after having settled the case defendant has elected to forego the agreement.  The court will inquire as to the procedural posture of the settlement.  In other words, can it be enforced by 664.6?  Can it be enforced by amended complaint and motion?  Do both parties now want out of the deal?

At this point, the court is quite concerned.  Having been given a preference, if what plaintiff says is true it would suggest that defendant settled to get the case off calendar and then reneged.  If such is the case, the court would be inclined to enforce the settlement.  If plaintiff now also wants out of the settlement, the court would need to make an appropriate order so as not to reward defendant for this sort of conduct.  On the other hand, if plaintiff’s position is untrue, then the court needs to find out what the real facts are.

The court will inquire further, but is inclined to enforce a deal if there was a deal and if it is lawful to enforce it unless both parties want out.