Judge: Maurice A. Leiter, Case: 19STCV37181, Date: 2025-04-29 Tentative Ruling

Case Number: 19STCV37181    Hearing Date: April 29, 2025    Dept: 54

Hearing Date: April 29, 2025 

Department 54, Judge Maurice A. Leiter 

Motion to Enforce Settlement 

Moving Party: Plaintiff Elias Tabar 

Responding Party: Defendants Forever Rich, LLC and Jacob Meir 

T/R:     PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT IS DENIED. 

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, opposition, and reply. 

“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 executed by the parties and enter judgment according to its terms. The parties agreed that Defendants would pay Plaintiff $175,000.00 in installments; if Defendants failed to timely pay, Plaintiff could enter judgment in the amount of $350,000.00 less any payment already made. Plaintiff asserts that Defendants have been late on their payments.

In opposition, Defendants represent that the full amount of the settlement has been paid and that only two payments of $5,000.00 were made outside of the required time for payment. Defendants also state that Plaintiff’s counsel represented that the late payments would be accepted without default.  

The Court declines to enforce the settlement and enter judgment. Defendants have complied with the agreement in good faith and relied on representations from Plaintiff’s counsel that payments would be accepted. The full amount of the settlement has been paid. 

Plaintiff’s motion is DENIED.