Judge: Peter A. Hernandez, Case: 21PSCV00888, Date: 2022-10-20 Tentative Ruling
Case Number: 21PSCV00888 Hearing Date: October 20, 2022 Dept: O
Plaintiff Qihui
Yang’s Motion to Enforce The Settlement Agreement is DENIED.
Background
On October 29, 2021, Plaintiff filed a complaint, asserting causes of action against Yao and Does 1-10 for:
1.
Contractual Fraud
2.
Intentional Misrepresentation
On March 4, 2022, Plaintiff dismissed her complaint, without prejudice.
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).)
“For purposes of
this section, a writing is signed by a party if it is signed by any of the
following:
(1) The party.
(2) An attorney who represents the party. (3) If the party is an insurer, an
agent
who is authorized
in writing by the insurer to sign on the insurer’s behalf.” (Code Civ. Proc., §
664.6, subd.
(b).) “In addition
to any available civil remedies, an attorney who signs a writing on
behalf of a party
pursuant to subdivision (b) without the party's express authorization shall,
absent good
cause, be subject to professional discipline.” (Code Civ. Proc., § 664.6,
subd. (d).)
Discussion
Plaintiff moves the court for an order to enforce the parties’ “Confidential Settlement Agreement” (“Agreement”) and to impose sanctions, punitive damages, costs and attorney’s fees against Yao.
The motion is denied. The Agreement is devoid of any language referencing section 664.6 whatsoever. The Agreement does not reference the case name or number. There is no indication that the court was ever requested by the parties to enforce the settlement until performance in full of the terms of the settlement. Plaintiff’s requests for sanctions and punitive damages are unsupported.
As an aside, the court notes that the Agreement provides that “[t]he full amount of settlement funds of $35,200.00 must be paid off within 12 months effective on the date of execution of this Confidential Settlement Agreement.” (Agreement, Page 1, ¶ 1.(a)(5).) The Agreement was executed in February 2022; accordingly, it would appear that any motion to enforce the settlement agreement, notwithstanding the defects set forth above, is premature.