Judge Serena R. Murillo, Case 19STCV33603 2022-10-10 Tentative Ruling

Judge: Serena R. Murillo, Case: 19STCV33603, Date: 2022-10-10 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE. 4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020)

IMPORTANT: In light of the COVID-19 emergency, the Court encourages all parties to appear remotely. The capacity in the courtroom is extremely limited. The Court appreciates the cooperation of counsel and the litigants.

ALSO NOTE: If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar. THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 19STCV33603 Hearing Date: October 10, 2022 Dept: 29

Samira Eidelkhani v. Deborah Lin Pomerantz

Motion to Enforce Settlement filed by Defendant Deborah Lin Pomerantz

TENTATIVE

Defendant’s motion to enforce settlement agreement is CONTINUED to November 14, 2022 to allow Defendant to file a proof of service showing that Plaintiffs were served with notice of this motion.

Legal Standard

Code of Civil Procedure section 664.6 provides:

“(a) [i]f 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.

(b) For purposes of this section, a writing is signed by a party if it is signed by any of the following:

(1) The party.
(2) An attorney who represents the party.
(3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf.”

Discussion

Defendant brings this motion to enforce its settlement with Plaintiff Samira Eidelkhani, the driver of the vehicle (but not Plaintiff Pegah Niazian, the passenger). Defendant argues that on January 28, 2021, Plaintiff Eidelkhani agreed to dismiss Defendant in exchange for a check in the amount of $100,000. (Barrett Decl., Exhs. A-B.) Defendant reviewed the file in preparation for trial and noticed that a request for partial dismissal as to Plaintiff Eidelkhani had still not been filed, and the matter was proceeding to trial with Eidelkhani’s claims intact. An email was sent Plaintiff’s counsel regarding the upcoming trial and informing Plaintiff’s counsel of notes in the file indicating that the matter had settled. Plaintiff’s counsel informed that only one Plaintiff settled (Eidelkhani). Defense counsel requested a partial dismissal of Defendant only as to Plaintiff Eidelkhani, but the request was ignored. (Id., Exhs. C-D.)

However, Defendant has not attached a proof of service indicating that Plaintiffs were served with this motion. As such, the Court will continue the matter to allow Defendant to show proof of service.

Conclusion

Based on the foregoing, Defendant’s motion to enforce settlement agreement is CONTINUED to November 14, 2022 to allow Defendant to file a proof of service showing that Plaintiffs were served with notice of this motion.