Judge Serena R. Murillo, Case 29STCV35364 2023-02-24 Tentative Ruling

Judge: Serena R. Murillo, Case: 29STCV35364, Date: 2023-02-24 Tentative Ruling

Case Number: 29STCV35364 Hearing Date: February 24, 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.

Plaintiffs’ request for sanctions pursuant to Code of Civil Procedure section 128.5 is DENIED.

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.

Thus, the matter 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.

Plaintiffs also move for sanctions against Defendant Abbassi pursuant to Code of Civil Procedure section 128.5(a), which gives a trial court discretion to impose sanctions against a party, a party’s attorney, or both “as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” Sanctions under section 128.5 must be made in a motion separate from “other motions or requests and shall describe specific alleged action or tactic, made in bad faith, that is frivolous or solely intended to cause unnecessary delay.” (Code of Civ. Proc. § 128.5, subd. (f)(1)(A).) As the request for sanctions was not made in a separate motion, the request is DENIED.

Conclusion

Accordingly, Plaintiffs’ 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.

Plaintiffs’ request for sanctions pursuant to Code of Civil Procedure section 128.5 is DENIED.

Moving party is ordered to give notice.