Judge: Peter A. Hernandez, Case: 24STCV09883, Date: 2025-01-16 Tentative Ruling

Case Number: 24STCV09883    Hearing Date: January 16, 2025    Dept: 34

Plaintiff Lesbia Mazariegos Maldonado’s Motion to Enforce Settlement and Request for Attorney’s Fees is GRANTED.  Judgment is entered against Defendant Oceanic LA LP in the total amount of $45,000.00.  Attorney’s fees are AWARDED in favor of Plaintiff and against Defendants, jointly and severally, in the reduced amount of $2,500.00.

Background

            On April 19, 2024, Plaintiff Lesbia Mazariegos Maldonado (“Plaintiff”) filed a complaint against Defendants Oceanic LA LP, Kimberly Alhadeff, and Chris Lnu (“Defendants”) arising from Plaintiff’s employment with Defendants alleging causes of action for:

1.               Discrimination in Violation of Cal. Gov. Code § 12940 et seq. (“FEHA”);

2.               Sexual Harassment in Violation of FEHA;

3.               Retaliation in Violation of FEHA;

4.               Failure to Prevent Discrimination, Harassment, and Retaliation in Violation of FEHA;

5.               Assault;

6.               Battery;

7.               Gender Violence in Violation of Civil Code § 52.4;

8.               Wrongful Termination in Violation of Public Policy; and

9.               Failure to Furnish Employment Records.

On June 24, 2024, Defendant Oceanic LA LP (“Oceanic”) filed an answer to Plaintiff’s complaint.

On September 17, 2024, the parties filed a Notice of Conditional Settlement.

On November 19, 2024, Plaintiff filed this Motion to Enforce Settlement. 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 contends that on September 5, 2024, the parties agreed to settle and entered into a settlement agreement providing that Plaintiff would be paid a sum of $118,500.00 in exchange for signing the agreement and complying with its terms to dismiss this action with prejudice providing a general release of all claims to Oceanic. (Motion, at p. 3; Ben-Ari Decl., ¶ 3.) A payment of $45,000.00 was to be paid to Plaintiff on October 15, 2024, and the remaining payment of $73,500.00 was to be paid on October 31, 2024. (Ben-Ari Decl., ¶ 7.) Plaintiff received an initial payment of $73,500.00. (Id., ¶ 10.) However, Plaintiff has not received the remaining payment of $45,000.00 despite the parties’ communications. (Id., ¶¶ 11-13, Exhs. 6-7.) Plaintiff provides a copy of the executed settlement agreement. (Id., ¶ 9, Exh. 5.) Plaintiff also contends that the settlement agreement allows for the recovery of attorney’s fees incurred in bringing this motion in the amount of $4,447.50. (Motion, at p. 5.)

            No opposition has been filed.

            The court finds that the statutory requirements of section 664.6 have been met. Further, Defendants did not oppose the motion. A failure to oppose a motion may be deemed a consent to the granting of the motion. (CRC, Rule 8.54(c).) Plaintiff’s motion is therefore granted to enforce the remaining $45,000.00 payment due.

            As to Plaintiff's request for attorney’s fees, the settlement agreement provides in section 20(d) that the agreement is “enforceable under California Code of Civil Procedure section 664.6, and therefore the prevailing party, as that term is defined by CCP § 1032(a)(4), in any enforcement proceeding with respect to this Agreement is entitled to its reasonable attorney’s fees and costs incurred to enforce this Agreement.” (Ben-Ari Decl., ¶ 9, Exh. 5, at p. 11.) As such, Plaintiff is entitled to reasonable attorney’s fees. Plaintiff’s counsel, Omri A. Ben-Ari, declares to have an hourly rate of $675.00 per hour and spent 4.50 hours drafting this motion and exhibits with an anticipated 1.50 hours to prepare a reply brief and 0.50 hours for attending the hearing on this motion for a total of $4,447.50 in attorney’s fees. (Id., ¶¶ 14-15.)

            The court determines that a reasonable hourly rate for Plaintiff’s counsel is $500.00 per hour due to his level of experience and complexity of the matter. Additionally, as Plaintiff’s motion is unopposed, there is no need for an additional 1.50 hours to be spent by counsel. As such, the court awards Plaintiff $2,500.00 in attorney’s fees, comprised of 5.00 hours of counsel’s time at the hourly rate of $500.00.

Conclusion

Plaintiff Lesbia Mazariegos Maldonado’s Motion to Enforce Settlement and Request for Attorney’s Fees is GRANTED.  Judgment is entered against Defendant Oceanic LA LP in the total amount of $45,000.00.  Attorney’s fees are AWARDED in favor of Plaintiff and against Defendants, jointly and severally, in the reduced amount of $2,500.00.