Judge: Michael E. Whitaker, Case: 22SMCV01362, Date: 2024-06-10 Tentative Ruling

Case Number: 22SMCV01362    Hearing Date: June 10, 2024    Dept: 207

TENTATIVE RULING

MOTION

Plaintiff Alexandra Ezralow, as Trustee of the June Trust U/T/D 7-6-21 (“Plaintiff”) moves to enter judgment pursuant to the terms of the written settlement agreement between Plaintiff and Defendant Erin Mihok (“Defendant”) under Code of Civil Procedure section 664.6.  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 the court is whether an agreement exists; not whether the agreement has been breached.

Here, following a February 6, 2024 mediation, the parties entered into a settlement agreement, providing that Defendant shall pay Plaintiff $37,000 by wire transfer no later than March 8, 2024, and in the event that amount is not paid on or before March 8, 2024, Defendant agrees that judgment may be entered against her in the amount of $50,000, less any payments received by Plaintiff.  (Fidler Decl. ¶¶ 7-9 and Ex. 1.)  Subsequently, Defendant did not pay Plaintiff any amount in accordance with the settlement agreement.  (Id. at ¶¶ 10-13.)  As such, Plaintiff requests the Court enter judgment in favor of Plaintiff and against Defendant in the amount of $50,000.

The Court finds Plaintiff’s evidence sufficient to demonstrate that a valid and binding settlement agreement exists between the parties, requiring Defendant to wire Plaintiff $37,000 on or before March 8, 2024, or else a judgment may be entered against Defendant in the amount of $50,000, less any payments received by Plaintiff, and that Plaintiff has not since received any payments from Defendant.

CONCLUSION AND ORDER

            Therefore, the Court grants Plaintiff’s motion and orders that judgment shall be entered in favor of Plaintiff and against Defendant in accordance with the terms of the settlement agreement.  Plaintiff shall file and serve a proposed Judgment in conformance with the Court’s ruling on or before June 24, 2024, along with a courtesy copy of the proposed Judgment to be delivered to Department 207.

            Further, on the Court’s own motion, the Court will vacate the Order to Show Cause Re: Dismissal (Settlement) set on July 24, 2024, and instead, the Court will set an Order to Show Cause re Entry of Judgment on July 24, 2024 at 8:30 A.M. in Department 207.  No appearance will be necessary on July 24, 2024 if a Judgment has been entered beforehand. 

            Plaintiff shall provide notice of the Court’s ruling and shall file the notice with a proof of service forthwith.

DATED:  June 10, 2024                                                         ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court