Judge: Peter A. Hernandez, Case: 21STCV27346, Date: 2025-04-29 Tentative Ruling

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Case Number: 21STCV27346    Hearing Date: April 29, 2025    Dept: 34

Evans Transportation Services v. Aquahydrate, Inc. (21STCV27346)  

Plaintiff Evans Transportation Services’ Motion to Set Aside/Vacate Dismissal is GRANTED.

Background

            On July 26, 2021, Plaintiff Evans Transportation Services (“Plaintiff”) filed a complaint against Defendant Aquahydrate, Inc. (“Defendant”) arising from Defendant’s debt to Plaintiff for $225,872.87 alleging a cause of action for open book account.

            On October 7, 2021, the parties filed a stipulation to dismiss the action without prejudice following a settlement and for the court to retain jurisdiction to enforce the settlement.

            On October 14, 2021, the court dismissed the action without prejudice.

            On February 24, 2025, Plaintiff filed this Motion to Set Aside/Vacate Dismissal. No opposition or other responsive pleading has been filed.

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).) 

“Section 664.6 was enacted to provide a summary procedure for specifically enforcing a settlement contract without the need for a new lawsuit.” (Weddington Prod., Inc. v. Flick (1998) 60 Cal.App.4th 793, 809.) In deciding motions made under Section 664.6, judges “must determine whether the parties entered into a valid and binding settlement.” (Kohn v. Jaymar-Ruby (1994) 23 Cal.App.4th 1530, 1533.) 

Discussion

            Plaintiff seeks an order setting aside the dismissal of this action to enforce the settlement agreement between the parties. (Motion, at p. 3.) Plaintiff contends that on August 30, 2021, the parties reached a settlement. (Ibid.) Subsequently, the parties stipulated to the terms of the settlement providing that as long as Defendant made payments in accordance with the terms, Plaintiff would hold the stipulation in trust and would not file it with the court. (Ibid.; Gaba Decl., Exh. 1.) However, Plaintiffs argue that as Defendant defaulted on its payments, the court should vacate the dismissal of the instant action to enforce the settlement agreement. (Ibid.)

            The court finds that a valid settlement agreement exists executed by the parties. (Gaba Decl., Exh. 1.) According to the stipulation, Defendant was obligated to pay Plaintiff the sum of $250,419.08 with predetermined payments. (Id., ¶¶ 2-3.) Moreover, the stipulation provides that “[i]n the event that any payment is not received timely, Plaintiff shall be entitled to file [the] Stipulation with the Court and request judgment thereon, without notice.” (Id., ¶ 7.) In light of the evidence presented by Plaintiff and the fact that no opposition has been filed, the court grants Plaintiff’s motion in accordance with the terms of the settlement agreement and pursuant to Section 664.6.  

Conclusion

Plaintiff Evans Transportation Services’ Motion to Set Aside/Vacate Dismissal is GRANTED.