Judge: Melvin D. Sandvig, Case: 21CHCV00697, Date: 2025-04-14 Tentative Ruling

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Case Number: 21CHCV00697    Hearing Date: April 14, 2025    Dept: F47

Dept. F47

Date: 4/14/25

Case #21CHCV00697

MOTION TO ENFORCE SETTLEMENT AGREEMENT

Motion filed on 11/25/24.

MOVING PARTY: Plaintiff Outfront Media LLC

RESPONDING PARTY: Defendant San Fernando Valley Patients’ Cooperative dba San Fernando Valley Patients C

NOTICE: ok

RELIEF REQUESTED: An order enforcing the settlement agreement and entering judgment against Defendant San Fernando Valley Patients’ Cooperative dba San Fernando Valley Patients C.

RULING: The motion is granted. 

SUMMARY OF FACTS & PROCEDURAL HISTORY

On 9/10/21, Plaintiff Outfront Media LLC (Plaintiff) filed this action against Defendant San Fernando Valley Patients’ Cooperative, a non-profit corporation, dba San Fernando Valley Patients C (Defendant) for: (1) Breach of Contract, (2) Open Book Account, (3) Account Stated and (4) Quantum Meruit.  On 3/10/22, Defendant answered the complaint. 

On 5/28/24, Plaintiff and Defendant entered a settlement whereby Defendant agreed to pay Plaintiff $30,240.00 in three equal installments of $10,080.00 commencing on 9/1/24 with all payments due by 11/15/24.  (Chow Decl., Ex.A).  No payments have been made toward the settlement, despite messages left and demands made to Defendant’s counsel.  (Chow Decl., Ex.B).

Therefore, on 11/25/24, Plaintiff filed and served the instant motion seeking an order enforcing the settlement agreement and entering judgment against Defendant San Fernando Valley Patients’ Cooperative, a non-profit corporation, dba San Fernando Valley Patients C.  Defendant has not opposed or otherwise responded to the motion. 

ANALYSIS

CCP 664.6 provides, in relevant part:

“(a) 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 the parties to the settlement agreement or their counsel stipulate in writing or orally before the court, the court may dismiss the case as to the settling parties without prejudice and retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.

(b) For purposes of this section, a writing is signed by a party if it is signed by any of the following:

(1) The party.

(2) An attorney who represents the party.

. . .”

Based on Defendant’s failure to make any payment under the settlement agreement and Defendant’s failure to cure such default upon demand, Plaintiff is entitled to have judgment entered against Defendant pursuant to the settlement agreement in the amount of $30,240.00.  (See Chow Decl., Ex.A); CCP 664.6(a).

CONCLUSION

The motion is granted.