Judge Salvatore Sirna, Case Number: 21PSCV00518, Date: 2023-08-24 Tentative Ruling

Judge: Salvatore Sirna, Case: 21PSCV00518, Date: 2023-08-24 Tentative Ruling

Case Number: 21PSCV00518 Hearing Date: August 24, 2023 Dept: G

Plaintiff Qingxian Hou’s Motion for Court Order to Enforce Settlement and for Entry of Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Qingxian Hou’s Motion for Court Order to Enforce Settlement and for Entry of Judgment is GRANTED. Plaintiff is also awarded reasonable attorney fees and costs in the amount of $2,760.

BACKGROUND

This is a breach of contract action arising from a currency exchange agreement. In March 2019, Plaintiff Qingxian Hou entered into an oral agreement with Defendant Benedict Lo in which Lo agreed to replace Hou’s Chinese currency with US currency. On April 24, Lo told Hou that Lo had $50,000 USD available and Hou then transferred that equivalent in Chinese currency to Lo. On May 7, Hou made another Chinese currency transfer to Lo that was the equivalent of $40,000 USD.

On June 8, 2019, Lo informed Hou that Lo did not currently have the $90,000 available. Instead, Lo executed a written promissory note that promised to pay Hou the $90,000 with two percent interest before July 6. After Lo failed to make the payment on July 6, Lo allegedly informed Hou that Lo would not be making any payments.

On June 22, 2021, Hou filed a complaint against Lo, alleging a cause of action for breach of contract.

On August 24, 2021, Hou filed a First Amended Complaint (FAC) against Lo alleging the following causes of action: (1) breach of contract, (2) money had and received, (3) fraud, (4) false promise, and (5) unjust enrichment.

On October 20, 2022, Hou and Lo entered into a settlement agreement. On December 12, the action was dismissed while parties stipulated to the court retaining jurisdiction for enforcement purposes.

On July 5, 2023, Hou filed the present motion. A hearing on the motion is set for August 24.

ANALYSIS

Hou seeks an entry of judgment enforcing the terms of a settlement agreement between Hou and Lo. For the following reasons, the court GRANTS Hou’s motion.

Legal Standard

Code of Civil Procedure section 664.6 provides a summary procedure that enables courts to enforce a settlement agreement by entering a judgment pursuant to the terms of the parties’ settlement. In relevant part, it provides as follows:

“If parties to pending litigation stipulate, in a writing signed by the parties outside of 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.” (Code Civ. Proc., § 664.6, subd. (a).)

A writing is considered signed if signed by the party or an attorney who represents the party. (Code Civ. Proc., § 664.6, subd. (b).)

Discussion

In this case, Hou provides a copy of a written settlement agreement signed October 20, 2022. (Luan Decl., ¶ 5, Ex. 2.) According to the agreement, Lo agreed to pay Hou $70,000 in $10,000 increments every six months from December 2022 to December 2025. (Luan Decl., ¶ 5, Ex. 2.) Hou’s counsel alleges Lo failed to make any payments pursuant to the agreement, including the $10,000 payment due in December 2022 and the $10,000 payment due in June 2023. (Luan Decl., ¶ 6, Ex. 2.) Additionally, the agreement provided that upon default by Defendant, judgment shall be entered in favor of Plaintiff for a total of $90,000, less any payments made. Because the court finds Hou has established the existence of a settlement agreement and has not received a timely opposition from Lo or any payments, Hou’s motion is GRANTED.

The court enters judgment pursuant to Code of Civil Procedure §664.6 in the amount of $90,000, plus costs of $60.00.

Hou also requests an award of attorney fees and costs in the amount of $2,760 pursuant to the settlement agreement. (Luan Decl., Ex. 2, p. 2.) The court agrees and awards Hou reasonable attorney fees and costs. Utilizing the lodestar approach and in light of the totality of the circumstances, the court finds reasonable attorney fees and costs to be $2,760 ($2,700 for six hours drafting the present motion at $450 an hour plus $60 in filing fees).

CONCLUSION

Based on the foregoing, the court GRANTS Hou’s motion to enforce settlement agreement and awards reasonable attorney fees and costs in the amount of $2,760.

Plaintiff to submit a separate judgment consistent with the court’s ruling.