Judge: Melissa R. Mccormick, Case: "Happy Rock Merchant Solutions LLC v. CA Graphics, Inc., et al.", Date: 2022-09-08 Tentative Ruling

Plaintiff Happy Rock Merchant Solutions LLC’s Motion for Entry of Judgment

Plaintiff Happy Rock Merchant Solutions LLC moves for entry of judgment against defendants CA Graphics, Inc. and Mohamed Abuthahir in the amount of $278,001.08 pursuant to a stipulation for entry of judgment entered in April 2020.  This case remains pending.  An OSC re dismissal is scheduled for September 26, 2022 at 1:30 p.m. in Department C13.  Defendants did not file an opposition to plaintiff’s motion.  For the following reasons, plaintiff’s motion is granted.

“Code of Civil Procedure section 664.6 provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement.”  Hines v. Lukes, 167 Cal.App.4th 1174, 1182.  Section 664.6 provides, in pertinent part:  “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.”  Cal. Civ. Proc. Code § 664.6; see also Minassian Decl. Ex. 1 (¶ 12).

Plaintiff has demonstrated the existence of an enforceable settlement agreement signed by the parties.  Minassian Decl. Ex. 1.  The settlement agreement provides for judgment in favor of plaintiff and against defendants in the event of default.  See Minassian Decl. Ex. 1 (¶ 4).  Plaintiff has established a default.  Minassian Decl. ¶¶ 5-6 & Ex. 3.  Defendants did not file an opposition, have not disputed that they are in default or contended that they have timely cured, and have not established that any provision of the settlement agreement was unreasonable under the circumstances existing at the time the parties executed the agreement.  Plaintiff’s motion is therefore granted.  The court will enter a judgment consistent with this ruling and with the terms of the settlement agreement.

Plaintiff to give notice.