Judge: Melissa R. Mccormick, Case: Lockhart v. Lilly, Date: 2022-09-01 Tentative Ruling

Defendant Whittier 10, LLC’s Motion to Enforce Settlement Agreement

Defendant Whitter 10, LLC moves the court for an order dismissing plaintiff Roger Daniel Lockhart’s case against Whittier.  Whittier contends a settlement agreement between plaintiff, Whittier, and several other parties requires dismissal of Whitter.  For the following reasons, Whittier’s motion is denied.

The settlement agreement states that upon receipt of defendant Adam Cutrell’s payment of $102,000 and certain accrued interest described in the agreement, plaintiff will file a request for dismissal with prejudice of the entire action within two business days of receipt of Cutrell’s final payment.  Assanti Dec. Ex. A (Settlement Agreement, ¶ 1(c)).  Whittier states Cutrell has not made the payment.  Brief at 4:13.

Whittier does not explain its apparent contention that despite the fact the event required to trigger plaintiff’s obligation to file a request for dismissal has not occurred, the settlement agreement requires plaintiff to dismiss Whittier.  Nor has Whittier cited any persuasive authority that the court should order Whittier’s dismissal under these circumstances and at this juncture.  Whittier’s motion is denied.

The OSC re Dismissal remains scheduled for October 17, 2022 at 1:30 p.m. in Department C66.  Plaintiff is ordered to appeal.  Failure to appear will result in dismissal of the case. 

Clerk to give notice.