Judge: Michael P. Linfield, Case: 22STCV09852, Date: 2023-11-13 Tentative Ruling

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Case Number: 22STCV09852    Hearing Date: November 21, 2023    Dept: 34

SUBJECT:        Motion to Enter Judgment Pursuant to Written Settlement Agreement and for Monetary Sanctions

Moving Party: Plaintiff Luis Barajas

Resp. Party:    Defendant FCA US LLC

The Motion is GRANTED. Monetary sanctions are AWARDED in favor of Plaintiff and against Defendant in the amount of $991.65.

Moving party is to prepare judgment.

BACKGROUND:

        On March 21, 2022, Plaintiff Luis Barajas filed his Complaint against Defendant FCA US LLC on causes of action arising from the Song-Beverly Consumer Warranty Act.

        On May 30, 2023, the Court dismissed the case with prejudice and 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 October 6, 2023, Plaintiff filed his Motion to Enter Judgment Pursuant to Written Settlement Agreement and for Monetary Sanctions.

        No opposition or other response has been filed to the 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 moves the Court to enter judgment which will conform precisely to the terms of the Parties’ written settlement agreement. (Motion, p. 7:11–14.) Plaintiff provides the Court with a copy of the agreement. (Id. at Exh. One.)

Defendant has not opposed the Motion.

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

        Plaintiff also requests $2,116.65 in monetary sanctions, based on 4.5 hours of attorney work at $450.00 per hour plus $91.65 in costs. (Motion, Decl. Yashar, ¶ 9.)

        The hourly rate and costs requested are reasonable, but the number of hours spent claimed is not. It should not have taken 4.5 hours to draft a two-page MPA – at least some of which was taken up by an irrelevant “aside.”  Plaintiff states:

“As an side [sic], the necessity for this motion has been engendered by defendant's failure and refuse [sic] to perform pursuant to the agreement, although the question of performance is not relevant to whether or not the agreement may be entered as a judgment. C.C.P., [sic] Section 664.6 allows and mandates entry of the judgment, and any subsequent failures to perform will be matters which the Court may then oversee as part of its inherent power to enforce its judgments.”  (Motion, p. 6:27 – p. 7:5.)

Plaintiff’s counsel need not inform the Court of irrelevant issues, particularly if she wishes to be awarded attorney's fees for the time spent on these asides.

As an aside, the Court would also suggest that Plaintiff’s counsel take the time to shorten her briefs.  For instance, counsel wrote:

“As an side [sic], the necessity for this motion has been engendered by defendant's failure and refuse [sic] to perform pursuant to the agreement. . . .”

Instead of 22 words, counsel could have said:  “Defendant has not performed.”  (See, e.g., Blase Pascal Lettres Provinciales, 1657 [“Forgive me for writing such a long letter; I did not have the time to make it shorter.”])

The Court will award two hours of work at the hourly rate requested, plus costs.

III.     Conclusion

The Motion is GRANTED. Monetary sanctions are AWARDED in favor of Plaintiff and against Defendant in the amount of $991.65.

Moving party is to prepare judgment.