Judge: Mel Red Recana, Case: 20STCV22035, Date: 2024-11-07 Tentative Ruling

All rulings shown here are TENTATIVE ONLY, and thus oral argument WILL be heard. All Counsel are still required to attend.

Case Number: 20STCV22035    Hearing Date: November 7, 2024    Dept: 45

Superior Court of California

County of Los Angeles

Hearing date: November 7, 2024

Moving Party: Plaintiff Westlake Flooring Company, LLC

Responding Party: None

Motion to Enforce Settlement         

The Court considered the moving papers.

            The motion is GRANTED.

Background

This is a breach of contract case. On June 11, 2020, Plaintiff Westlake Flooring Company, LLC (Plaintiff) filed the complaint against defendant Kenton William Merrihew (Defendant), alleging that Defendant personally guaranteed a set of loans loans sold to Plaintiff and became personally liable on certain loans that went bad.

On June 30, 2020, the parties entered into a written settlement agreement in which Defendant was to pay $15,000 to Plaintiff via consecutive monthly payments of no less than $250, starting from July 15, 2020 and continuing for a period of sixty months. Defendant made payments for a total of $11,250 and has not made payments thereafter.

On May 24, 2024, Plaintiff filed this motion to enforce the settlement agreement. No opposition has been filed.

Legal Standard

Code of Civil Procedure section 664.6 states: “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. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.”

Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement under this statute.¿ (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.)¿ To enforce a written settlement agreement under Code of Civil Procedure section 664.6, the following three elements must be met: (1) the parties must have come to a meeting of the minds on all material points; (2) there must be a writing that contains the material terms of the agreement; and (3) the writing must be signed by the parties, an attorney who represents the party, or an agent authorized by an insurer to sign on the party’s behalf.¿ (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 797-98; Code Civ. Proc., § 664.6.)

Discussion

            Enforce Settlement

The court finds that the requirements of Code of Civil Procedure section 664.6 have been satisfied. The settlement agreement was entered into by the parties as part of a pending litigation. The parties both signed the agreement in writing. The written agreement contained the material terms of the agreement, and there is no indication that the parties did not come to a meeting of the minds on all material points. The parties stipulated for the court to retain jurisdiction to enforce the agreement.

Plaintiff has submitted evidence that Defendant has breached the terms of the settlement agreement. (Friedman Decl., ¶ 5; Ex. B.) The settlement agreement states that, in the even of default, the full amount of $25,019.26 shall come due, plus interest, attorney’s fees, and court costs, less such payments that have already been made. (Friedman Decl., Ex. A.) Defendant has paid $11,250; therefore, the remaining principal is $13,769.26.

Defendant has not filed any opposition.

Plaintiff’s motion to enforce the settlement is therefore GRANTED.

            Sanctions

            Plaintiff additionally requests attorney’s fees in the amount of $892.50, based on an hourly rate of $595 for 1.5 hours, and court costs of $60, for a total of $952.50. The court finds this amount reasonable.

For the foregoing reasons, the motion to enforce the settlement is GRANTED. Defendant is ordered to pay a total amount of $14,721.76 in remaining principal, attorney’s fees, and court costs.

            It is so ordered.

Dated: November 7, 2024

_______________________

MEL RED RECANA

Judge of the Superior Court