Judge: Michael E. Whitaker, Case: 23SMCV03617, Date: 2024-02-15 Tentative Ruling

Case Number: 23SMCV03617    Hearing Date: March 13, 2024    Dept: 207

TENTATIVE RULING

MOTION

Plaintiff Christmas Brothers Inc. (“Plaintiff”) moves to enforce the settlement agreement entered into between Plaintiff and Defendants Alex Corral (“Corral”), Vanessa Martinez, and Vanessa Michelle Co. (collectively, “Defendants”).  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.

Attached as Exhibit “E” to the Declaration of Tina M. Alleguez is a copy of the settlement agreement, fully executed by Plaintiff and Defendants, where Defendant Corral was to pay Plaintiff $32,194.19 within twenty days of the execution of the Agreement.  Corral executed the agreement on October 11, 2023; the other defendants executed the agreement on October 13, 2023, and Plaintiff executed the agreement on October 14, 2023.  (See Declaration of Tina M. Alleguez, ¶ 8, Exhibit E.) 

Pursuant to the terms of the Settlement Agreement, Defendants agreed to pay a lump sum of $32,194.19 on or before October 31, 2023.  (See Declaration of Tina M. Alleguez, ¶ 9, Exhibit E.)   But Defendants failed to do so.  (See Declaration of Tina M. Alleguez, ¶ 11, Exhibit E.) 

CONCLUSION AND ORDER

            Therefore, the Court grants Plaintiff’s motion to enforce settlement and the Court will enter the proposed order lodged with the moving papers. 

            Further, Plaintiff shall prepare and file a proposed Judgment on or before March 27, 2024, and the Court sets an Order to Show Cause re Entry of Judgment on April 17, 2024 at 8:30 A.M. in  Department 207.  No appearance will be necessary if the Judgment has been entered before April 17, 2024. 

            Further, Plaintiff shall provide notice of the Court’s ruling and file a proof of service regarding the same. 

DATED:  March 13, 2024                                                      ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court