Judge: Richard S. Whitney, Case: 37-2020-00012786-CU-CL-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 10, 2023

08/11/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Other Collections Motion Hearing (Civil) 37-2020-00012786-CU-CL-CTL ALLERGAN USA INC VS JOSAIL SKIN CARE LP [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFF ALLERGAN USA, INC.'S UNOPPOSED MOTION FOR JUDGMENT ON MEDIATION SETTLEMENT AGREEMENT is GRANTED, in part.

Failure to file any opposition to the motion indicates Defendant TERRI WHITING's ('Defendant') acquiescence that the motion is meritorious. (California Rules of Court, Rule 8.54(c).) Plaintiff Allergan USA, Inc. ('Plaintiff') has demonstrated the parties settled this matter with a provision citing CCP section 664.6 and that Defendant has failed to pay as required under the settlement. However, Plaintiff seeks attorney's fees and costs when the settlement cited does not provided for the recovery for attorney's fees and costs. In fact, the settlement provides '[e]ach party to bear his/her/its/their own attorneys' fees and costs of suit.' (Decl. Hoar, Exhibit A.) Therefore, the motion is granted with the modification that the attorney's fees and costs are not awarded. The settlement is enforced as to the $8,750 in principal that remains unpaid. Plaintiff's counsel is directed to submit a proposed order and proposed judgment that conform to the above.

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