Judge: Maurice A. Leiter, Case: 22STCV03245, Date: 2024-11-07 Tentative Ruling

Case Number: 22STCV03245    Hearing Date: November 7, 2024    Dept: 54

Hearing Date: November 7, 2024

Department 54, Judge Maurice A. Leiter

Motion to Enforce Settlement

Moving Party: Plaintiff LCS Capital, 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 executed by Plaintiff and Defendant Jenae J. McDonald on February 9, 2022, and enter judgment according to its terms. The settlement provides that Defendant will make two hundred consecutive monthly payments to Plaintiff of $200.00 per month, beginning on February 28, 2022, and continuing each month thereafter through September 28, 2038, and a final payment of $201.67 on or before October 28, 2038. The Court retained jurisdiction to enforce the settlement, which also allows for an award of attorney’s fees in the event of enforcement proceedings.

Plaintiff represents that Defendant defaulted on September 28, 2023. The total amount outstanding is a principal amount of $40,201.67, plus attorney’s fees in the amount of $1,305.00, plus costs in the amount of $557.66, less payments totaling $3,801.67, and less credits totaling $2,800.00, for a total judgment in the amount of $35,462.66. Defendant has not opposed this motion to show why it should not be granted.

The motion to enforce settlement is GRANTED.