Judge: Robert C. Longstreth, Case: 37-2017-00015622-CU-DF-CTL, Date: 2024-03-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 15, 2024

02/16/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Defamation Motion Hearing (Civil) 37-2017-00015622-CU-DF-CTL HEEBNER & NICHOLS V. JONES [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Enforce Settlement, 08/31/2023

Plaintiffs' Joint Motion to Enforce Settlement Agreement (ROA 637) is GRANTED IN PART.

Plaintiffs seek entry of judgment pursuant to a Preliminary Settlement Term Sheet ('Term Sheet) and Defendant Edward Siegel pursuant to Code of Civil Procedure section 664.6.

The parties executed the Term Sheet at mediation on May 11, 2023. (Bush Decl. ¶ 3.) Per the Term Sheet, the parties 'agree to settle' this action. (Id. at Exh. 1, p. 1.) The Term Sheet is signed by Plaintiffs Lesa Heebner, Mike Nichols, and Joseph Balla and by Defendant Edward Siegel. (Id. at p. 2.) The Term Sheet contains various specific terms and states '[t]he settlement shall be enforceable under C.C.P. § 664.6.' (Ibid.) The Term Sheet also states '[t]he parties shall sign a written settlement agreement with confidentiality and standard, customary terms.' (Ibid.) After mediation, Plaintiffs' and Defendant's counsel met and conferred over a long-form written settlement agreement. (Bush Decl. ¶¶ 4-7.) Before the agreement could be finalized, Defendant's counsel withdrew from representation and Defendant became self-represented. (Id. at ¶ 8.) Defendant has not agreed to sign the long-form settlement agreement. (Ibid.) The Term Sheet is a written agreement signed by all of the settling parties for settlement of the case.

Accordingly, the court finds the Term Sheet meets the requirements of Code of Civil Procedure section 664.6.

'A well-established principle of contract law dictates the result here: when parties agree on the material terms of a contract with the intention to later reduce it to a formal writing, failure to complete the formal writing does not negate the existence of the initial contract.' (CSAA Ins. Exchange v. Hodroj (2021) 72 Cal.App.5th 272, 276.) The material terms of the Term Sheet are enforceable.

Defendant asserts, among other arguments, that he was not aware of the implications of the settlement at the time of mediation. However, Defendant was represented by counsel at mediation, and mediation was conducted by an experienced mediator who is also a former judge. (Bush Decl. at ¶ 2.) Accordingly, Defendant's later-formed regrets regarding the settlement do not render the Term Sheet unenforceable. The court also finds Defendant's assertion that Plaintiffs' counsel 'committed elder abuse against Defendant' during the mediation and subsequent settlement proceedings' is not supported by any evidence that the agreement was somehow the product of duress. Indeed, the undisputed facts as to the conduct of the mediation indicate precisely the opposite.

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3054758  1 CASE NUMBER: CASE TITLE:  HEEBNER & NICHOLS V. JONES [IMAGED]  37-2017-00015622-CU-DF-CTL Plaintiffs' counsel is to submit a proposed Judgment setting forth the terms of the Term Sheet within five (5) days.

Plaintiffs request that the court appoint an elisor to execute all necessary documents to effectuate the settlement, but the court denies this request on the grounds it is premature. Appointment of an elisor only becomes necessary after a party refuses to execute a document that is necessary to carry out a court order or judgment. (Code Civ. Proc. § 128(a)(4); San Diego Superior Court Local Rules, Rule 2.5.11; Blueberry Properties, LLC v. Chow (2014) 230 Cal.App.4th 1017, 1021.) Calendar No.: Event ID:  TENTATIVE RULINGS

3054758  1