Judge: Michael E. Whitaker, Case: 19SMCV00206, Date: 2024-03-05 Tentative Ruling

Case Number: 19SMCV00206    Hearing Date: March 5, 2024    Dept: 207

TENTATIVE RULING

MOTION

Cross-Complainants Ofer Shapira and Surveying & Drafting Services (“Surveying”) move to enforce the settlement agreement entered into between Surveying and Cross-Defendant Showtime Construction Engineering, PC (“Showtime”).  Plaintiff’s motion is unopposed. 

ANALYSIS

Code of Civil Procedure section 664.6 provides that “[i]f 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.” (Code Civ. Proc., § 664.6.) In ruling on a motion to enter judgment, the court acts as a trier of fact. The court must determine whether the parties entered into a valid and binding settlement. To do so, the court may receive oral testimony in addition to declarations. (Kohn v. Jaymar-Ruby, Inc. (1994) 23 Cal.App.4th 1530, 1533.)

The issue on a motion to enforce settlement agreement under Code of Civil Procedure section 664.6 is whether the parties entered into a valid and binding settlement agreement. (See Viejo v. Bancorp. (1989) 217 Cal.App.3d 200, 209, fn. 4 [“a court's power to make factual determinations under section 664.6 is generally limited to whether the parties entered into a valid and binding settlement agreement”].)  In other words, the only issue before a court is whether an agreement exists; not whether the agreement has been breached.

Surveying originally filed the motion on May 18, 2023.  Attached to the motion and authenticated by the May 17, 2023 declaration of Edward F. Morrison, Jr. is a fully executed settlement agreement requiring Showtime to pay Surveying $15,000.00 “no later than twenty (20) days after this Settlement Agreement has been fully executed by the PARTIES.”  The agreement was fully executed on December 1, 2022.

At the May 30, 2023 hearing, the parties requested the hearing be continued to give Showtime additional time to pay the settlement amount.  (May 30, 2023 Minute Order.)  The Court continued the hearing to June 22, 2023.  (Ibid.) 

On June 20, 2023, Surveying filed the June 20, 2023 Declaration of Edward F. Morrison, Jr., requesting another continuance to January 2024.  Attached to the June 20, 2023 Morrison Declaration is a document titled “First Amendment to Settlement Agreement” which indicates Showtime shall pay Surveying $16,425 as follows: (1) $5,000 within ten days after the Amendment has been executed by the parties, (2) a minimum monthly payment of $476 on or before the 5^th day of July 2023, August 2023, September 2023, October 2023, November 2023 and December 2023, and (3) any portion of the balance remaining as of December 5, 2023 shall be paid on or before December 15, 2023.  The First Amendment to Settlement Agreement is only partially executed by Showtime on June 19, 2023.

On January 30, 2024, Surveying voluntarily continued the hearing again to March 5.

While it is clear the parties have a settlement agreement, as evidenced by the fully executed settlement agreement attached to the original motion, it appears there may be subsequent amendments affecting the terms of that agreement.  Because the precise terms of the parties’ current agreement are unclear from the record, the Court cannot enter judgment at this time.

CONCLUSION AND ORDER

            Therefore, the Court denies Surveying’s motion to enforce settlement.

Surveying shall provide notice and file a proof of service regarding the same. 

DATED:  March 5, 2024                                                        ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court