Judge: Martha K. Gooding, Case: 22-01253918, Date: 2023-08-21 Tentative Ruling

Motion to Enforce Settlement

Plaintiff Arturo Nava (“Plaintiff”) seeks an order enforcing the terms of the Code of Civil Procedure section 998 Offer to Compromise and Acceptance between the parties pursuant to Code of Civil Procedure section 664.6. 

Defendant showed Defendant substantially complied with the 998 offer.  (Morales Decl., ¶¶ 6 and 7.)  It appears the only remaining issue is a reimbursement check for a $1,994.29 installment payment Plaintiff made during the settlement proceedings.  (Id., ¶ 9.)  Defendant represents the supplemental check was requested and is being processed.  (Id., ¶ 10.) 

The parties shall appear at the hearing prepared to address whether Plaintiff has received the reimbursement payment. 

In addition, the Court notes the email address for Plaintiff in Defendant’s proof of service is different from Plaintiff’s email address in the Court’s file.  Plaintiff did not file any reply.  The parties should also be prepared to address whether Plaintiff received Defendant’s opposition papers.