Judge: Maurice A. Leiter, Case: 19STCV46195, Date: 2023-03-06 Tentative Ruling

Case Number: 19STCV46195    Hearing Date: March 6, 2023    Dept: 54

Hearing Date: March 6, 2023

Department 54, Judge Maurice A. Leiter

Motion to Set Aside Settlement Agreement

Moving Party: Plaintiffs Alvaro Arevalo, Javier Arevalo and Elzy Erazo

Responding Party: Defendants Arms Trans Inc. and U Work Personnel, Inc.

T/R:     PLAINTIFFS’ MOTION TO SET ASIDE SETTLEMENT AGREEMENT IS DENIED.

PLAINTIFFS 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, oppositions, and reply.

            Plaintiffs move for an order setting aside the settlement agreement executed by the parties in January 2021. On September 12, 2022, the Court granted Plaintiffs’ motion to enforce the settlement and enter judgment against U Work and Guillermo Rubio. Plaintiffs now assert that they were unaware U Work was a suspended corporation at the time of the settlement agreement, precluding U Work from entering into a settlement agreement.

            Plaintiffs assert that the Court has authority to set aside the settlement under CCP § 664.6 and CCP § 128. Neither of these statutes states that the Court may void a settlement agreement. Plaintiffs provide no case law showing the Court may void a settlement agreement. Plaintiffs have not shown the Court has authority to grant this motion.

            Plaintiffs’ motion is DENIED.