Judge: Michael P. Linfield, Case: 20STCV34561, Date: 2023-12-08 Tentative Ruling

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Case Number: 20STCV34561    Hearing Date: December 8, 2023    Dept: 34

SUBJECT:        Motion to Enforce Settlement Pursuant to C.C.P. Section 664.6

Moving Party: Plaintiff Maira Benhumea

Resp. Party:    None

The Motion is GRANTED. Monetary sanctions are AWARDED in favor of Plaintiff and against Defendant in the amount of $ 12,633.87.

Moving party is to prepare judgment.

BACKGROUND:

        On September 9, 2020, Plaintiff Maira Benhumea filed her Complaint against Defendants Baronhr West, Inc., Spectrum Packaging, Inc., and Cristobal Lorenzo on causes of action arising from Plaintiff’s employment by Defendants.

        On September 16, 2020, Plaintiff filed her First Amended Complaint.

        On October 8, 2020, by request of Plaintiff, the Clerk’s Office dismissed without prejudice Defendant Spectrum Packaging, Inc. from the First Amended Complaint.

        On March 8, 2021, Plaintiff filed her Second Amended Complaint.

        On September 29, 2022, by request of Plaintiff, the Clerk’s Office entered default without prejudice on Packtown, Inc. and Cristobal Lorenzo.

        On October 3, 2022, Plaintiff filed Judicial Council Form CM-200, Notice of Settlement of Entire Case.

        On October 4, 2022, the Court ordered the Second Amended Complaint dismissed with prejudice. The Court retained jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to Code of Civil Procedure section 664.6.

        On November 15, 2023, Plaintiff filed her Motion to Enforce Settlement Pursuant to C.C.P. Section 664.6 (“Motion to Enforce Settlement”). In support of her Motion to Enforce Settlement, Plaintiff concurrently filed her Proposed Order.

        No opposition or other response has been filed to the Motion to Enforce Settlement.

ANALYSIS:

I.          Legal Standard

“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.” (Code Civ. Proc., § 664.6, subd. (a).)

“Section 664.6 was enacted to provide a summary procedure for specifically enforcing a settlement contract without the need for a new lawsuit.” (Weddington Prod., Inc. v. Flick (1998) 60 Cal.App.4th 793, 809.) In deciding motions made under Section 664.6, judges “must determine whether the parties entered into a valid and binding settlement.” (Kohn v. Jaymar-Ruby (1994) 23 Cal.App.4th 1530, 1533.)

II.       Discussion

Plaintiff moves the Court to enter judgment in favor of Plaintiff and against Defendant Baronhr West, Inc. for damages of $10,923.87, attorney’s fees of $2,475.00 (4.5 hours at $550.00 per hour), and costs of $60.00. (Motion to Enforce Settlement, p. 5:9–11.) Plaintiff provides the Court with a copy of the agreement. (Id. at Exh. A.)

Defendant has not opposed the Motion.

The Court determines that the Parties entered into a valid and binding settlement. The Court shall enter judgment that will conform with the written settlement agreement.

        The hourly rate and costs requested are reasonable, but the number of hours spent claimed is too high; since there was no opposition filed, Plaintiff’s counsel did not spend the anticipated 1.5 hours to review the opposition. The Court will award three hours of work at the hourly rate requested, plus costs for a total of $1,710.00 in attorney's fees and costs. 

III.     Conclusion

The Motion is GRANTED. Monetary sanctions are AWARDED in favor of Plaintiff and against Defendant in the amount of $ 12,633.87.

Moving party is to prepare judgment.