Judge: Maurice A. Leiter, Case: 19STCV25838, Date: 2022-07-29 Tentative Ruling



Case Number: 19STCV25838    Hearing Date: July 29, 2022    Dept: 54

Superior Court of California

County of Los Angeles

 

Adam Ashpes and Sigma Senior Care Consulting LLC,

 

 

 

Plaintiffs,

 

Case No.:

 

 

19STCV25838 

 

 

vs.

 

 

Tentative Ruling

 

 

Joseph Miller, 

Integria Development, Inc. and Acurae, Inc. ,

 

 

 

Defendants.

 

 

 

 

 

 

Hearing Date: July 29, 2022

Department 54, Judge Maurice A. Leiter

Motion to Enforce Settlement

Moving Party: Plaintiff Sigma Senior Care Consulting LLC

Responding Party: None

T/R:     PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT IS GRANTED.

            PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

            The Court considers the moving papers. No opposition has been received.

“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.”  (CCP § 664.6.) 

Plaintiff moves to enforce the settlement agreement between Plaintiff and Defendants and enter judgment in favor of Plaintiff in the amount of $26,965.41. On February 16, 2022, the parties executed a settlement agreement in which Defendants agreed to pay Plaintiff $75,000.00 by April 2, 2022. On May 13, 2022, the parties stipulated that the Court would retain jurisdiction to enforce the settlement agreement.

Plaintiff asserts that Defendants have paid only $50,000.00 and there remains $25,000.00 in unpaid principal. The settlement agreement contains an attorney fee provision; Plaintiff seeks $1,965.41 in attorney’s fees for bringing this motion. Defendants have not opposed this motion.

Plaintiff’s motion to enforce settlement and enter judgment is GRANTED.