Judge: Melvin D. Sandvig, Case: 21CHCV00099, Date: 2023-11-28 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 21CHCV00099    Hearing Date: February 13, 2024    Dept: F47

Dept. F47

Date: 2/13/24

Case #21CHCV00099

MOTION TO ENFORCE SETTLEMENT

Motion filed on 11/9/23.

MOVING PARTY: Plaintiff Luz Pineda Trust

RESPONDING PARTY: Defendant Shyla Walker

NOTICE: ok

RELIEF REQUESTED: An order enforcing settlement against Defendant Shyla Walker.

RULING: The motion is granted as set forth below.    

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of a residential lease agreement between Plaintiff Luz Pineda Trust (Plaintiff) as landlord and Defendants Landon McBroom (McBroom) and Shyla Walker (Walker).  The First Amended Complaint contained causes of action for breach of written contract and breach of implied covenant of good faith and fair dealing. 

At the 12/5/22 Mandatory Settlement Conference, the parties settled the case.  (Tabibnia Decl., Ex.1).  By 3/9/23, a written Settlement Agreement and Mutual Release (Settlement Agreement) had been signed by all parties.  (Id., Ex.2).  The Settlement Agreement provides that, pursuant to CCP 664.6, the Court retains jurisdiction over the parties to enforce the settlement until full performance, including entry of judgment.  (Id. ¶8).

McBroom fulfilled his obligations under the settlement agreement and has been dismissed from the action.  (See 11/15/23 Request for Dismissal).  Walker has defaulted on her obligations under the Settlement Agreement.  (Tabibnia Decl.).  Despite being given notice of the default as required under the agreement, Walker has failed to cure same.  Id. 

Therefore, on 11/9/23, Plaintiff filed and served the instant motion seeking an order enforcing settlement against Defendant Shyla Walker.  Thereafter, Walker’s attorney’s motion to be relieved as counsel was granted.  The order granting the motion to be relieved set forth that the hearing on the instant motion was scheduled for 2/13/24.  (See Order Granting Attorney’s Motion to Be Relieved As Counsel – Civil filed 1/24/24; Notice of Lodging Order filed 1/5/24).    No opposition or other response to the motion has been filed. 

ANALYSIS

CCP 664.6(a) provides:

“If parties to pending litigation stipulate, in a writing signed by the parties outside of 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.”

Based on the terms of the Settlement Agreement and Walker’s default thereunder, Plaintiff is entitled to have judgment entered in Plaintiff’s favor for the outstanding balance of $23,500.00 plus interest of $1,175.00.  (See Tabibnia Decl. ¶10).  The Settlement Agreement also provides that the prevailing party in any legal proceeding to enforce the terms of the Settlement Agreement shall be entitled to recover its reasonable costs and attorneys’ fees incurred in connection with such proceeding.  (Tabibnia Decl., Ex.2 ¶19).  The Court finds the $2,050.00 in attorney’s fees requested for the motion to be unreasonable.  (Id. at ¶11).  The Court awards $1,000.00 in attorney’s fees in connection with this motion calculated at 3 hours to prepare the motion and 1 hour to appear at $250/hour.

Based on the foregoing, Plaintiff is entitled to a total judgment against Walker in the amount of $25,675.00.

CONCLUSION

The motion is granted as set forth above.