Judge: Michael P. Linfield, Case: 21STCV24342, Date: 2022-12-23 Tentative Ruling

Case Number: 21STCV24342    Hearing Date: December 23, 2022    Dept: 34

SUBJECT:         Motion to Enter Judgment on Settlement Agreement for Failure to Make Payments

Moving Party:  Plaintiff Guillermo Medina

Resp. Party:    None

Plaintiff’s Motion to Enter Judgment on Settlement Agreement for Failure to Make Payments is GRANTED.

Judgment is entered in favor of Plaintiff Guillermo Medina and against Defendant Michael McCarty in the amount of $26,000.00. Interest shall accrue on the Judgment at the rate of ten percent per annum from the date of the entry of this Judgment until the Judgment plus accrued interest are paid in full.

BACKGROUND:

On July 1, 2021, Plaintiff Guillermo Medina filed his Complaint against Defendant Michael McCarty on causes of action for breach of contract, breach of covenant of good faith and fair dealing, intentional misrepresentation, negligent misrepresentation, and fraudulent misrepresentation.

On January 13, 2022, the case was dismissed after Plaintiff had informed the Court that they had settled the matter.  The Court reserved jurisdiction to enforce the settlement pursuant to CCP §664.6. (See Minute Order, January 13, 2022.)

On November 22, 2022, Plaintiff filed his Motion to Enter Judgment on Settlement Agreement for Failure to Make Payments.

Defendant has not filed an opposition to this motion.

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 claims that the Parties resolved their dispute by means of a written settlement and that there are payments of the settlement balance that are now past due. (Motion, Decl. Medina, ¶¶ 2–4.) Plaintiff provides the Court with a copy of the signed settlement agreement. (Motion, Ex. A.) Plaintiff requests that the Court enter a judgment in its favor. (Motion, p. 4:12–5.)

Defendant has not opposed the Motion or otherwise responded.

        The Court finds that there is a signed, valid, and binding settlement agreement. The Court GRANTS Plaintiff’s Motion to Enter Judgment on Settlement Agreement for Failure to Make Payments. 

        The agreement is for $28,000.00 and that Plaintiff declares that he has received $2,000.00 in payments from Defendant. (Motion, Decl. Medina, ¶¶ 3, 7.) Thus, Judgment shall be for $26,000.00. In addition, as the Court is only now entering Judgment, interest shall only accrue as of the date of the Judgment, not the date of the Settlement. 

III.     Conclusion

        Plaintiff’s Motion to Enter Judgment on Settlement Agreement for Failure to Make Payments is GRANTED.

Judgment is entered in favor of Plaintiff Guillermo Medina and against Defendant Michael McCarty in the amount of $26,000.00. Interest shall accrue on the Judgment at the rate of ten percent per annum from the date of the entry of this Judgment until the Judgment plus accrued interest are paid in full.

Plaintiff is to give notice.