Judge: Matthew C. Braner, Case: 37-2022-00021990-CU-BC-CTL, Date: 2023-08-18 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - August 17, 2023

08/18/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00021990-CU-BC-CTL MCLEMORE VS NATIONAL CITY AUTO CENTER INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Jamal McLemore's application to enforce compliance with court order is DENIED.

The court previously granted Plaintiff's motion to compel and awarded a discovery sanction against only Defendant National City Auto Center, Inc. in the amount of $2,648, due by April 21, 2023. (ROA #81.) Prior to the due date, on April 13, 2023, the parties settled the case at a settlement conference. (ROA #90.) Thereafter, the parties submitted, and the court signed, a joint settlement stipulation that included a broad release and waiver of Civil Code section 1542, wherein Plaintiff agreed to release all claims 'arising out of the Contract, the Action, and Releasor's purchase of the Vehicle from' Defendant. (ROA #93.) Pursuant to the court's order, this case was dismissed without prejudice on May 24, 2023, and the court retained jurisdiction under Code of Civil Procedure section 664.6 only to enforce the settlement.

(ROA #93, pp. 12-13.) Plaintiff contends the discovery sanction was not intended to be included within the scope of the settlement and that the court has jurisdiction to enforce the discovery order. The court disagrees. The sanction arose from 'the Action,' and it was reasonable for Defendant to expect that settlement would encompass all outstanding issues. Moreover, even if payment of the sanction is not within the scope of the settlement, the court now lacks jurisdiction to enforce it because it retained jurisdiction only to enforce the settlement under Code of Civil Procedure section 664.6.

Accordingly, Plaintiff's motion is denied.

Calendar No.: Event ID:  TENTATIVE RULINGS

3001830  11