Judge: Peter A. Hernandez, Case: 23STCV18665, Date: 2024-10-31 Tentative Ruling

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Case Number: 23STCV18665    Hearing Date: October 31, 2024    Dept: 34

Plaintiff Alan K. White’s Motion to Enforce Settlement is GRANTED.

Background

            On August 7, 2023, Plaintiff Alan K. White (“Plaintiff”) filed a complaint against Defendants Otis White, David White, Robert Fielder, Danny Ray White, Bonita Barnes, Tevis Barnes, Veronica White Jenkins, Kimberly White, Cheraya Johnson, Trenica Munerlyn, Joe White, Jasmine White, Lauren Barnes, Freddie Barnes III, Brianna Barnes, Dejuan Barnes, Kahlil Barnes, Jeremiah Barnes, and Does 1-100 on causes of action arising from the transfer of real property located at 2936 Emerson Way, Altadena, CA 91001.

            On February 13, 2024, February 14, 2024, and March 4, 2024, Defendants Veronica White Jenkins, Kimberly White, and David White filed their answers to Plaintiff’s complaint, respectively. The court entered default against the remaining Defendants.

            On September 19, 2024, Plaintiff informed the court that the parties had reached a settlement agreement.

            On October 7, 2024, Plaintiff filed this Motion to Enforce Settlement. As of October 22, 2024, no opposition has been filed to Plaintiff’s motion.

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 moves the court to enter the stipulated judgment and enforce the settlement agreement entered into by Plaintiff and Defendants David White, Veronica White Jenkins, and Kimberly White. (Motion, at p. 5.) Plaintiff provided the court with a copy of the Stipulation for Entry of Judgment and Settlement Agreement signed by Plaintiff’s counsel, on behalf of Plaintiff, and Defendants David White, Veronica White Jenkins, and Kimberly White. (MacNaughton Decl., ¶¶ 4-5, Exh. 1-2.)

Defendants do not oppose Plaintiff’s motion.

The court determines that the parties entered into a valid and binding settlement. The court will enter judgment that will conform with the written settlement agreement and the stipulated judgment.

Conclusion

Plaintiff Alan K. White’s Motion to Enforce Settlement is GRANTED.