Judge: Robert B. Broadbelt, Case: 22STCV08360, Date: 2023-10-18 Tentative Ruling

Case Number: 22STCV08360    Hearing Date: October 18, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Agustin Hernandez  

RESPONDING PARTY:       Defendant Primo’s Donuts, LLC

Motion to Enforce Settlement Pursuant to Code of Civil Procedure Section 664.6

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiff Agustin Hernandez (“Plaintiff”) filed this wage and hour action against defendant Primo’s Donuts, LLC (“Defendant”) on March 8, 2022.  Defendant filed a Cross-Complaint against Plaintiff for breach of a written settlement agreement on June 24, 2022.  Thereafter, on June 1, 2023, Plaintiff filed a Notice of Settlement of Entire Case, informing the court that the parties agreed to settle this action. 

Plaintiff now moves the court for an order entering judgment in favor of Plaintiff and against Defendant in the amount of $125,000.

Code of Civil Procedure section 664.6 provides, in relevant part, the following:¿ “If parties to pending litigation stipulate, in a writing signed by the parties outside 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.”¿ This statute “provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement.”¿ (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.)¿ “If the court determines that the parties entered into an enforceable settlement, it should grant the motion and enter a formal judgment pursuant to the terms of the settlement.”¿ (Ibid.)¿¿¿  

Plaintiff has submitted a copy of the “Settlement Agreement and Release” (the “Settlement Agreement”), executed by Plaintiff, on the one hand, and Defendant, on the other hand, on June 1, 2023.  (Ramirez Decl., Ex. B, Settlement Agreement, pp. 1, 13.)  The Settlement Agreement states that (1) by no later than July 19, 2023, Defendant will pay to Plaintiff the settlement amount of $125,000; (2) within five court days of Plaintiff’s receipt of the settlement payment, Plaintiff will withdraw and dismiss, in writing and with prejudice, all individual causes of actions against Defendant; and (3) within five days of Plaintiff’s receipt of the settlement payment, Defendant will withdraw and dismiss, in writing and with prejudice, its Cross-Complaint and all claims against Plaintiff.  (Ramirez Decl., Ex. B, Settlement Agreement, p. 1, § D [defining Settlement Sum], p. 2, ¶ 1, p. 5, ¶ 3.) 

Although Defendant has filed opposition papers taking issue with certain of Plaintiff’s claims and actions, Defendant states that it “does not oppose the relief that Plaintiff seeks in his Motion—‘that the Court issue an order pursuant to C.C.P. § 664.6 entering judgment in the amount of $125,000.00.’”  (Opp., pp. 1:7-8, 5:19-23, 8:22-26.)  Defendant also does not dispute the validity of the Settlement Agreement.  (Opp., p. 5:20-21 [Defendant “does not dispute that the Settlement Agreement is valid and binding”].)

Thus, the court finds that Plaintiff has presented evidence establishing that the parties stipulated, in a writing signed by both Plaintiff and Defendant outside of the presence of the court, for the settlement of this action.  (Code Civ. Proc., § 664.6; Ramirez Decl., Ex. B, Settlement Agreement.)  Plaintiff has also presented evidence establishing that Defendant has not paid the settlement amount to Plaintiff, which is undisputed by Defendant.  (Ramirez Decl., ¶ 12; Primo Decl., ¶ 8 [Defendant “does not have the funds to make the settlement payment”].)  The court therefore finds that Plaintiff is entitled to an order entering judgment in his favor and against Defendant pursuant to the terms of the Settlement Agreement.  (Code Civ. Proc., § 664.6, subd. (a).) 

ORDER

            The court grants plaintiff Agustin Hernandez’s motion to enforce settlement pursuant to C.C.P. Section 664.6.

The court orders that judgment shall be entered in favor of plaintiff Agustin Hernandez and against defendant Primo’s Donuts, LLC in the amount of $125,000.

            The court orders plaintiff Agustin Hernandez to prepare, lodge, and serve a proposed judgment on Judicial Council Form JUD-100 within 10 days of the date of this order. 

The court sets an Order to Show re: entry of judgment for January 25, 2024, at 8:30 a.m., in Department 53.

The court orders plaintiff Agustin Hernandez to give notice of this ruling.

IT IS SO ORDERED.

DATED:  October 18, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court