Judge: Robert S. Draper, Case: BC638236, Date: 2023-02-21 Tentative Ruling

Case Number: BC638236    Hearing Date: February 21, 2023    Dept: 78

Superior Court of California 

County of Los Angeles 

Department 78 

Plaintiffs Motion to Enforce Settlement and Enter Judgment is GRANTED.

FACTUAL BACKGROUND  

This is a wage and hour and wrongful termination case. Plaintiffs are massage therapists who allege various violations of the Labor Code regarding wages by defendant Oasis Facility Management, LLC (“Oasis”). (Compl. ¶¶ 1-4, 7.) Plaintiffs complained about these violations, and on September 15, 2016, Oasis and other defendants terminated plaintiffs. (Compl. ¶¶ 21, 23.)

PROCEDURAL HISTORY

On October 24, 2016, Plaintiffs filed the Complaint alleging fifteen causes of action for various wage and hour violations and retaliation in violation of California Labor Code section 98.6, as well as Wrongful Termination in Violation of Public Policy.

On January 26, 2017, Oasis filed an Answer.

On September 8, 2017, Plaintiffs filed a Doe Amendment adding Oasis Traditional Thai Massage and Spa, LLC (“Oasis LLC”) to their Complaint as a Defendant.

On October 30, 2017, Oasis LLC filed a Motion to Quash.

On November 30, 2017, the Court denied that Motion.

On August 1, 2022, the parties informed the Court at a Final Status Conference that the parties had reached a settlement. The Court set an OSC Re: Dismissal (Settlement) for December 2, 2022.

On December 2, 2022, Plaintiff’s Counsel informed the Court that Plaintiff had not received settlement funds. Defendant’s Counsel informed the Court that he had no contact with Defendants.

On January 13, 2023, Plaintiffs filed the instant Motion to Enforce Settlement and Enter Judgment.

No Opposition has been filed. 

DISCUSSION

I.                MOTION TO ENFORCE SETTLEMENT

Plaintiffs move to enforce settlement pursuant to Code of Civil Procedure section 664.6(a).

Section 664.6(a) states:

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.  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.

“Section 664.6 empowers a court to enforce a settlement agreement by way of a summary procedure if certain requirements are satisfied. [Citations]. In order to take advantage of the statute’s expedited procedure, a party must first establish the agreement at issue was set forth ‘in a writing signed by the parties’ or was made orally before the court [citation].” (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4^th 229, 304.)

Here, Plaintiffs attach the Settlement Agreement and General Release (“Settlement Agreement”) to their motion. (Ex. A.) The Settlement Agreement states that the parties “hereby submit themselves to the Superior Court of Los Angeles County, for the purpose of enforcing this Agreement.” (Ex. A at p. 3.) Additionally, the Settlement Agreement requires that, in exchange for its release, Oasis “shall pay the following to Plaintiffs collectively in the amount of $50,000.” (Ex. A at p. 1.) The Settlement Agreement requires that the $50,000 be “paid according to the settlement terms to be paid to Plaintiff’s counsel (Fraguin Law Group) in a lump sum within 120 days of receipt of the fully executed settlement agreement. (Ibid.) The Settlement Agreement is signed by both parties. (Ibid.)

Plaintiff’s Counsel, Marina Kats Fraigun (“Fraigun”) attests that Defendants were to pay in full the $50,000 amount by no later than November 28, 2022. (Fraigun Decl. ¶ 3.) Plaintiffs have not received any of that amount. (Fraigun Decl. ¶ 8.) Additionally, Defendant’s Counsel has repeatedly stated that he has had no further contact with his client. (Id. ¶¶ 5, 7.)

Accordingly, the Court finds that Defendants have defaulted on its Settlement Agreement, and Plaintiff’s Motion to Enforce Settlement and Enter Judgment in the amount of $50,000 is GRANTED.

DATED: February 21, 2023            

________________________________ 

Hon. Robert S. Draper 

Judge of the Superior Court