Judge: Michael Shultz, Case: 23CMCV01921, Date: 2024-04-30 Tentative Ruling

Case Number: 23CMCV01921    Hearing Date: April 30, 2024    Dept: A

23CMCV01921 Burns & Partners, Inc. v. Golden Star Construction Services, et al.

Tuesday, April 30, 2024, at 8:30 a.m.

[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION FOR ENTRY OF JUDGMENT PURSUANT TO SETTLEMENT

       The first amended complaint alleges that Plaintiff agreed to provide abatement services to Defendants pursuant to a written contract. Defendants failed to pay $29,861.59. The parties settled this case on December 18, 2023.

       Plaintiff moves to enforce the terms of the parties written settlement agreement. Plaintiff served Defendants with the motion on March 14, 2024. Defendants did not file an opposition.

       A party can 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.)

       Plaintiff submits the parties’ settlement agreement signed on December 12, 2023. (Adam Lieber decl., Ex. 1.). Defendants agreed to pay $30,000 to Plaintiff. (Id., ¶ 3.a.) Defendants failed to make the agreed payment. (Lieber decl., ¶ 6.) The parties agreed that the court may enforce the terms of settlement in the event of a breach. (Id., Ex. 1, ¶ 10.)

       Accordingly, Plaintiff’s motion is GRANTED. The court enters judgment pursuant to the terms of the settlement agreement. (Code Civ. Proc., § 664.6.)