Judge: Salvatore Sirna, Case: 23PSCV02111, Date: 2025-01-21 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on a tentative ruling by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 23PSCV02111    Hearing Date: January 21, 2025    Dept: G

Plaintiffs Regino Sanchez Inzunza and Jazmin Loera’s Motion to Enforce Settlement and Enter a Judgment Pursuant to the Terms of the Settlement

Respondent: Defendant Kia America, Inc.

TENTATIVE RULING

Plaintiffs Regino Sanchez Inzunza and Jazmin Loera’s Motion to Enforce Settlement and Enter a Judgment Pursuant to the Terms of the Settlement is DEEMED MOOT.

BACKGROUND

This is a lemon law action. On July 14, 2023, Plaintiffs Regino Sanchez Inzunza and Jazmin Loera filed a complaint against Defendant Kia America, Inc. (Kia) and Does 1-10, alleging a single cause of action for breach of express warranty in violation of the Song-Beverly Act.

On August 12, 2024, Sanchez Inzunza and Loera filed a notice of settlement.

On December 3, 2024, Sanchez Inzunza and Loera filed the present motion. A hearing on the present motion is set for January 21, 2025, along with an OSC Re: Dismissal.

ANALYSIS

Sanchez Inzunza and Loera seek to enforce the terms of a 998 offer accepted by Kia. For the following reasons, the court DEEMS MOOT the 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, Kia signed and accepted a Section 998 offer from Sanchez Inzunza and Loera on August 12, 2024. (Devabose Decl., ¶ 3, Ex. A.) Pursuant to the terms of the offer, Kia agreed to pay $45,000.00 in exchange for Sanchez Inzunza and Loera’s surrender of the subject vehicle. (Devabose Decl., ¶ 3, Ex. A, ¶ 1.) The surrender of the subject vehicle was to occur “on a mutually agreeable date no later than 60 calendar days after Defendant’s counsel has executed this Statutory Offer, unless circumstances caused by Plaintiffs result in delay.” (Devabose Decl., ¶ 3, Ex. A, ¶ 3.) The court also retains jurisdiction to enforce the offer pursuant to Code of Civil Procedure section 664.6. (Devabose Decl., ¶ 3, Ex. A, ¶ 7.)

Here, Sanchez Inzunza and Loera claim Kia failed to perform pursuant to the agreement because Kia has yet to confirm a date for the surrender of the subject vehicle. (Devabose Decl., ¶ 4-6.) In opposition, Kia has provided proof that parties have since confirmed a date for surrender of the subject vehicle on January 17, 2025. (Laughlin Decl., ¶ 15, Ex. 11.) Accordingly, the court DEEMS MOOT the present motion.

CONCLUSION

Based on the foregoing, Sanchez Inzunza and Loera’s motion to enforce settlement is DEEMED MOOT.