Judge: Maurice A. Leiter, Case: 20STCV45196, Date: 2024-04-18 Tentative Ruling

Case Number: 20STCV45196    Hearing Date: April 18, 2024    Dept: 54

Hearing Date: April 18, 2024

Department 54, Judge Maurice A. Leiter

Motion to Enforce Settlement

Moving Party: Plaintiff Quincy Smith

Responding Party: Defendants Imani Halley and True to the Game Productions, Inc.

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, 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 Plaintiff and Defendants on August 22, 2022 and enter judgment according to its terms. The settlement provides that Defendants will pay Plaintiff $250,000 in installments. The settlement also provides,

If any settlement payment due under Section 1(a) is not timely made, the Defendants will be in default with regard to their payment obligations under the terms of this Agreement. If the default has not been cured within three (3) business days after being provided with notice of the default by Plaintiff, then the full remaining amount of the Settlement Amount shall be immediately due and owing and Plaintiff will be entitled to immediately seek entry of judgment for all amounts outstanding and unpaid, and interest at the maximum legal rate of ten percent (10%) per annum shall accrue. Strict compliance with this notice shall be required and any non-complying notice shall be insufficient to trigger the default provision.

(Ivie Decl. Exh. A.)

The Court retained jurisdiction to enforce the settlement. Plaintiff represents that Defendants have not complied with agreement, with a remaining balance due of $35,000.00.

In opposition, Defendants assert the balance will be paid before the date of the hearing. In reply, Plaintiff states Defendants have not yet paid the balance and maintains that Plaintiff is entitled to interest and attorney’s fees for bringing the motion. The settlement agreement allows Plaintiff to enter judgment upon Defendants’ default. That is what has occurred here.

The motion is GRANTED.