Judge: Salvatore Sirna, Case: KC061902, Date: 2023-04-05 Tentative Ruling

Case Number: KC061902    Hearing Date: April 5, 2023    Dept: G

Plaintiff Admiral Mortgage Corporation’s Motion to Enforce Settlement Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Admiral Mortgage Corporation’s Motion to Enforce Settlement Judgment is GRANTED.

BACKGROUND

On August 15, 2011, Plaintiff Admiral Mortgage Corp. brought a breach of contract action against Harich Sung Kim and Hyun S. Kim (collectively, Defendants). Subsequently on April 12, 2013, parties engaged in mandatory settlement negotiations and settled their claims. Defendants agreed to pay $25,000 but only made payments of $2,250.

On November 18, 2022, Plaintiff filed a motion to enforce settlement. On January 12, 2023, the court denied Plaintiff’s motion without prejudice.

On March 10, 2023, Plaintiff filed the present motion. A hearing on the motion is set for April 5.

ANALYSIS

Plaintiff seeks an entry of judgment enforcing the terms of a settlement agreement between Plaintiff and Defendants. For the following reasons, the court GRANTS Plaintiff’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, Plaintiff provides a copy of a written settlement stipulation signed April 12, 2013. (Kim Decl., Ex. 1.) According to the agreement, Defendants agreed to pay Plaintiff a total of $5,000 in installments of $250 per month for twenty consecutive months, starting August 1, 2013. (Kim Decl., Ex. 1.) If Defendants defaulted on the payments, the agreement states the amount of $25,000, minus payments made, would become immediately payable. (Kim Decl., Ex. 1.) Plaintiff alleges Defendants only paid $2,250 in installment payments and now owe $22,750. (Kim Decl., ¶ 8.) Thus, the court finds Plaintiff has established the existence of a settlement agreement. Furthermore, the court is not in receipt of any opposition from Defendants.

Accordingly, Plaintiff’s motion is GRANTED.

CONCLUSION

Based on the foregoing, the court GRANTS Plaintiff’s motion to enforce settlement agreement.

Judgment is entered in favor of Plaintiff and against Defendants in the amount of $22,750.  Plaintiff to prepare a judgment consistent with this ruling.