Superior Court of California 

County of Los Angeles 

Department 78 

¿ 

 

I. BACKGROUND 

Plaintiffs Georgina Zaragoza and Katherine Medina (collectively, “Plaintiffs”) move for an order enforcing defendant FCA US LLC’s (“Defendant”) 998 offer to compromise (“998”) pursuant to California Code of Civil Procedure section 664.6, and for additional attorneys’ fees and costs incurred in pursuing enforcement of settlement. Plaintiffs move on the grounds that Defendant is in material breach of the parties’ 998 agreement by failing to pay the full amount agreed upon. On February 12, 2024, Plaintiffs accepted Defendant’s Offer to Compromise. (Fennell Decl., ¶3, Exh. 1 [998].) 

Plaintiffs contend that after the parties settled for $97,000, inclusive of attorneys’ fees and costs, Defendant only paid $23,874.00 for the lien payoff and an additional $59,212.61. (Fennell Decl. ¶ 5.) Plaintiffs aver they are still waiting to receive the remaining $13,913.93, and that Defendant has not responded to multiple email inquiries requesting the status of the settlement funds. (Fennel Decl. ¶¶ 6-13.) 

Any opposition was due on or before August 13, 2024. No opposition has been filed to date. 

 

II. 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.” (Code Civ. Proc., § 664.6.) “Because of its summary nature, strict compliance with the requirements of [Code of Civil Procedure] section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” (J.B.B. Inv. Partners, Ltd. v. Fair (2014) 232 Cal. App. 4th 974, 984, as modified (Dec. 30, 2014).) “Thus, the statute requires the signatures of the parties seeking to enforce the agreement under Code of Civil Procedure section 664.6 and against whom the agreement is sought to be enforced.” (Ibid. [internal quotations and brackets omitted].) 

CCP § 998(b)(1) provides in relevant part: “Not less than 10 days prior to commencement of trial or arbitration (as provided in Section 1281 or 1295) of a dispute to be resolved by arbitration, any party may serve an offer in writing upon any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at that time. [¶] (1) If the offer is accepted, the offer with proof of acceptance shall be filed and the clerk or the judge shall enter judgment accordingly.” 

 

III. DISCUSSION 

As Defendant did not oppose the motion, there is no dispute that there was a valid and signed settlement agreement between the parties made pursuant to section 998. Additionally, it is undisputed that of the principal amount of $97,000, Defendant has only paid a total of $83,086.61, leaving an outstanding balance of $13,913.39. Having satisfied the requirements of Code of Civil Procedure section 664.6, the court finds entry of judgment proper. Therefore, Plaintiffs’ motion to enforce the section 998 Offer to Compromise is granted. 

Plaintiffs also request attorney fees and costs for bringing the motion. Pursuant to the parties’ signed Offer to Compromise, the settlement funds already included costs, expenses and attorneys’ fees pursuant to Civil Code Section 1794(d). (Fennell Decl ¶ 3.; Exh. 1 at par. 3.) Nowhere in the Offer to Compromise does it provide that Plaintiffs may separately seek attorneys’ fees and costs for enforcement of the settlement agreement. Plaintiffs have not established that they are entitled to any further attorneys’ fees and costs beyond the scope of the agreement. Plaintiffs’ request for attorney fees and costs of $4,410.00 is therefore denied. 

 

IV. CONCLUSION 

The Motion to Enforce Code of Civil Procedure Section 998 Offer to Compromise and Acceptance pursuant to CCP section 664.6 filed by Plaintiffs Georgina Zaragoza and Katherine Medina is GRANTED. 

 The parties are ordered to exhibit strict compliance with the provisions of Defendant FCA US LLC’s section 998 offer accepted by Plaintiffs Georgina Zaragoza and Katherine Medina on February 12, 2024. Failure to comply with the agreed-upon provisions of the section 998 agreement will be treated as a violation of this court order. 

 

Moving Party is ordered to give notice. 

 

DATED: August 23, 2024 

__________________________ 

Hon. Michelle C. Kim 

Judge of the Superior Court 

 

PLEASE TAKE NOTICE: 

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

• If a party intends to submit on this tentative ruling, the party must send an email to the court at SMCDEPT78@lacourt.org with the Subject line “SUBMIT” followed by the case number. The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting. 

• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue. 

• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.