Judge Olivia Rosales, Case 21NWCV00319 2022-08-16 Tentative Ruling

Judge: Olivia Rosales, Case: 21NWCV00319, Date: 2022-08-16 Tentative Ruling

Case Number: 21NWCV00319 Hearing Date: August 16, 2022 Dept: SEC

PETROV v. FCA US LLC

CASE NO.: 21NWCV00319

HEARING: 8/16/22 @ 9:30 AM

JUDGE: OLIVIA ROSALES

TENTATIVE RULING

Defendant FCA US LLC’s unopposed motion to enforce settlement pursuant to CCP § 664.6 is GRANTED. Plaintiff shall execute the documents attached as Exhibit C to the underlying motion, and this case shall be dismissed with prejudice.

Moving Party to give NOTICE.

Defendant FCA US LLC moves to enter judgment pursuant to CCP § 664.6.

If parties to pending litigation stipulate, in a writing signed by the parties outside 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. (CCP § 664.6.) The agreement must be sufficiently definite to enable courts to give it an exact meaning. If an essential element is reserved for future agreement, it is not sufficiently definite. (See Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4^th 793, 810-812.) The Court is authorized to enter judgment pursuant to the terms of a settlement agreement that is orally stipulated to before the Court. (Estate of Dipinto (1986) 188 Cal.App.3d 625.)

The parties entered into a Statutory Offer to Compromise. (Proudfoot Decl., Ex. A.) Plaintiff agreed to surrender the vehicle “with clear title, free and clear of all liens and encumbrances,” and Defendant agreed to pay $45,000.00 which would be used to pay off any outstanding loans. (Id., ¶ 4; Ex. A, ¶¶ 1-2, 4.) Plaintiff surrendered the vehicle, but refused to sign the vehicle transfer and reassignment form required by the DMV along with the authorization for payoff/release of information to allow FCA to pay off the loan. (Id., ¶ 7.)

Pursuant to the terms of settlement, Defendant is entitled to a judgment in conformity with the Statutory Offer to Compromise. Plaintiff shall execute the documents attached as Exhibit C to the underlying motion, and this case shall be dismissed with prejudice.