Judge: Serena R. Murillo, Case: 20STCV35364, Date: 2023-03-08 Tentative Ruling
Case Number: 20STCV35364 Hearing Date: March 8, 2023 Dept: 29
TENTATIVE
Plaintiffs Dr. Sona Sirounian, individually and as personal representative of the Estate of Tigran Garbedyan, M.D., David Garabedyan, and Sophia Garabedyan’s motion to enforce settlement is CONTINUED to allow Plaintiffs’ counsel to file evidence that Defendant has failed to pay the installment due on December 5, 2022, and to file evidence showing Defendant was provided notice of the default and an opportunity to cure it.
Legal Standard
CCP section 664.6 provides that “[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.” (Code Civ. Proc., § 664.6.)
Discussion
Plaintiffs move for an order enforcing the terms of their settlement agreement with Defendant Abbassi pursuant to C.C.P. § 664.6. Specifically, Plaintiffs seek a judgment against Abbassi in the amount of $30,000.
Plaintiffs submitted evidence showing the parties entered into a “Release and Settlement of All Claims” on July 28, 2022. (Ludwig Decl., ¶ 4; Exh. A). Pursuant to the settlement agreement, Defendant Abbassi agreed to pay a personal contribution of $30,000 in exchange for a release. (Exh. A). The settlement agreement further states that: “should the Personal Contribution be defaulted on, Releasors' counsel will provide a 5 business days written Notice to Cure to defendants' counsel of record, Tina I. Mangarpan, Ford, Walker, Haggerty & Behar, One World Trade Center, 27th Floor, Long Beach, CA and via email to: tmangarpan@fwhb.com. If at the end of the 5 day written Notice to Cure the settlement funding is not received, the parties agree that the Court retains jurisdiction to enforce the terms of this Agreement against the non-paying party.” First, Plaintiffs have not submitted proper evidence that Defendant failed to make any payment due under the Agreement as of December 5, 2022. The declaration of Plaintiff’s counsel merely states that, “according to a conversation I had with his attorney (hired by his insurance carrier) Mr. Abbassi is trying to sell off his aircraft or the flight school and was not willing to pay the first of two installments he owed my clients of $15,000 each.” (Id., ¶ 6.) Moreover, there is no documentation showing Defendant Abbassi was given proper notice of the default and an opportunity to cure the default as required by the settlement agreement.
On February 24, 2023, the matter was continued to allow Plaintiffs’ counsel to file evidence that Defendant has failed to pay the installment due on December 5, 2022, and to file evidence showing Defendant was provided notice of the default and an opportunity to cure it. IHowever, Plaintiffs have not yet filed the evidence. As a result, the Court will continue the matter one last time to allow additional time for Plaintiffs to do so. Moreover, the court indicated it needed additional evidence on February 24, 2023. It appears counsel for plaintiff filed a declaration yesterday at 1:34 pm. The declaration is untimely and will be considered for purposes of the next hearing.
Accordingly, Plaintiffs’ motion to enforce settlement is CONTINUED to April 6, 2023 at 1:30 p.m. for the court to consider the declaration, and to allow Defendant an opportunity to respond. Any responsive declaration filed by defense is due at least five days before the next hearing date.
Moving party is ordered to give notice.