Judge: Maurice A. Leiter, Case: 22STCV10653, Date: 2023-04-14 Tentative Ruling

Case Number: 22STCV10653    Hearing Date: April 14, 2023    Dept: 54

Hearing Date: April 14, 2023

Department 54, Judge Maurice A. Leiter

Motion to Enforce Settlement;

Motion for Sanctions

Moving Party: Plaintiff Natalia Cousin

Responding Party: Defendant FCA US LLC

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

PLAINTIFF’S MOTION FOR SANCTIONS IS DENIED.

DEFENDANT’S REQUEST FOR SANCTIONS IS DENIED.

            DEFENDANT TO NOTICE.

The Court considers the moving papers, opposition, and reply.

BACKGROUND

This is a lemon law action arising out of Plaintiff purchase of a 2017 Jeep Compass, manufactured and distributed by Defendant FCA US LLC.

ANALYSIS

A. Motion to Enforce Settlement

“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 a CCP § 998 settlement agreement between the parties. Plaintiff asserts Defendant has refused in bad faith to pay the settlement within the time prescribed in the settlement agreement. In opposition, Defendant asserts it will comply with the agreement and that Plaintiff has caused the delay in payment.

            Plaintiff has not shown that Defendant will not comply with the settlement. The parties are ordered to meet and confer on a mutually agreeable date for surrender of the vehicle and payment of the settlement.

            Plaintiff’s motion to enforce settlement is DENIED.

B. Motion for Sanctions

            Plaintiff moves for monetary sanctions per CCP § 128.5 for Defendant’s purported breach of the settlement agreement. The Court finds Defendant’s delay has not been in bad faith.

            Plaintiff’s motion for sanctions is DENIED. Defendant’s request for sanctions is DENIED.