Judge: Robert P. Dahlquist, Case: 37-2019-00046365-CU-BT-NC, Date: 2023-11-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

SOUTH BUILDING TENTATIVE RULINGS - November 02, 2023

11/03/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2019-00046365-CU-BT-NC ADAM NAZAR VS AUTOCLAIMS DIRECT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 09/15/2023

Defendants' motion to enforce settlement agreement (ROA # 113) is denied without prejudice to defendants asserting the same or similar arguments again in the future, using a new motion or other procedural mechanism in this case or in the newly filed case.

Code of Civil Procedure § 664.6 allows the court to enter 'judgment pursuant to the terms of the settlement.' Defendants' proposed order, if entered, would not be a 'judgment pursuant to the terms of the settlement.' This is so for many reasons, including the following: (1) defendants' proposed order is an order, not a judgment; (2) defendants' proposed order contains terms that are not part of the settlement agreement, such as the proposed provision that judgment would be 'in favor of Defendants'; and (3) defendants' proposed order purports to adjudicate claims or defenses arising under the settlement agreement, as compared with entering a judgment adopting the terms of the settlement agreement.

Defendants may well be correct in asserting that the releases in the settlement agreement bar any claim that plaintiff was fraudulently induced to enter the settlement agreement. But the court is not persuaded that the court may properly adjudicate the merits of that assertion by way of the current motion.

The court is not persuaded that it should award attorney fees to any party in connection with this motion.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, November 3, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of November 3, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

Calendar No.: Event ID:  TENTATIVE RULINGS

3019593