Judge: Michael Shultz, Case: 22CMCV00285, Date: 2023-04-25 Tentative Ruling
Case Number: 22CMCV00285 Hearing Date: April 25, 2023 Dept: A
22CMCV00285
Alaska USA Federal Credit Union v. Ramiro Roman
[TENTATIVE] ORDER GRANTING PLAINTIFF’S
MOTION TO ENFORCE SETTLEMENT AGREEMENT AND ENTER JUDGMENT PURSUANT TO THE TERMS
OF THE AGREEMENT.
This action arises from
Defendant’s alleged failure to remit payments to Plaintiff for the purchase of
a vehicle. Plaintiff alleges claims for breach of contract, possession of
personal property and conversion.
Plaintiff requests an
order to enforce its settlement agreement with Defendant made on September 10,
2022. On January 12, 2023, the Court signed the order in accordance with the
parties’ stipulation for settlement and retained jurisdiction. Plaintiff served
Defendant with the motion on January 11, 2023 by mail. Defendant did not file
an opposition.
A party may move for
entry of judgment pursuant to the terms of the settlement. (Code Civ. Proc., § 664.6.) The court’s
power is limited to determining the existence of the agreement and to enforce
its settlement. (Corkland v. Boscoe (1984) 156 Cal.App.3d 989, 994.) The Court may receive oral testimony or may determine the motion
upon declarations alone. (Id.) The Court may not rewrite the agreement,
“no matter how toothless the agreement may seem in retrospect, [as] it is not the
province of the trial court to rewrite it and put in the teeth the complaining
side now thinks it should have had.” (Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App.3d
200, 207.)
Plaintiff submits the stipulation for
settlement signed by the parties and bearing the Court’s order. (Mot. Ex. B).
Accordingly, the Court grants Plaintiff’s motion and enters judgment pursuant
to the terms of the agreement.