Judge: Shirley K. Watkins, Case: 19VECV01525, Date: 2023-02-16 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 19VECV01525    Hearing Date: February 16, 2023    Dept: T

            [TENTATIVE] ORDER:  Plaintiff Eilene Krakover’s Motion to Enforce Settlement is GRANTED and Plaintiff Eilene Krakover’s request for fees and costs are awarded against Defendants ECS Builders Group Inc. and Edan Cohen in the reduced amount of $1,213.37.  The Court enters Judgment against Defendants ECS Builders Group Inc. and Edan Cohen in the amount of $15,000.00 plus.$1,213.37 in attorneys’ fees and costs.

Introduction

            Plaintiff Eilene Krakover (Plaintiff) moved to enforce the settlement and have judgment entered against Defendant ECS Builders Group Inc. and Edan Cohen (Defendants.)

            Plaintiff’s reply was due February 8, 2023.  A reply was not filed. 

            Discussion 

            Courts are empowered to enter judgments pursuant to oral settlements made before the court or written settlements signed by the parties.  (Code Civ. Proc. sec. 664.6.)  Plaintiff submitted a valid and binding settlement agreement signed by both parties and the stipulation for the Court to retain jurisdiction to enforce the settlement signed by both counsels.  (Motion Exhs. A & B.)  Based upon these exhibits, Defendants argued that the settlement agreement is not signed by all parties and did not contain enough of the statutory language.  Despite Defendants’ contention otherwise, the Court finds that all three parties signed the Settlement Agreement, as evidenced by the signatures found on page 4 of the Settlement Agreement.  Despite Defendants’ contention otherwise, the Settlement Agreement contains sufficient language to show that the parties agreed that the Court would retain jurisdiction to enforce the Settlement Agreement per Code of Civil Procedure sec. 664.6, as evidence by Settlement Agreement par. 7.  Defendants’ arguments are not persuasive.

            Defendants then argued that the Settlement Agreement is unenforceable because Defendants’ insurance company’s representative did not sign the Settlement Agreement.  However, Defendants failed to present any facts/evidence or law to show that the insurer’s signature was required.   Defendants’ argument that the liability insurance carrier’s signature was required to be on the Settlement Agreement is unpersuasive.

            Defendants then argued that the settlement sum in the Settlement Agreement is a penalty/liquidated damages.  However, Defendants failed to present any application of facts to this law.  Defendants merely cited to legal authority regarding penalties and failed to show how the settlement sum in the instant Settlement Agreement amounts to a penalty or liquidated damages.  Defendants’ argument is without any factual support and without merit.

            Defendants argued equitable estoppel.  However, Defendants failed to present any facts/evidence to show statements/promises made by Plaintiff, which Defendants reasonably relied upon, that induced Defendants to not pay the agreed upon sums.  Defendants’ contentions are excuses for their non-payment and do not show equitable estoppel.

            Plaintiff requested attorneys’ fees and costs in the amount of $2,700.37 based upon Settlement Agreement par. 8.  Plaintiff’s Counsel charged $375.00/hour and expended 7 hours for the motion/hearing for a total of $2,625.00 in fees only.  The Court finds that the total hours expended on the motion to be unreasonable and reduces the time to 3.5 hours.  The hourly rate is unsupported by any facts showing Counsel’s education or experience.  The Court reduces the hourly rate to $325.00/hour.  Plaintiff is awarded $1,137.50 in attorneys’ fees.  Plaintiff’s costs of $75.87 in reserving the hearing and filing the motion are seen to be reasonable.  The Court awards Plaintiff fees and costs totaling $1,213.37 against Defendants.

            The Motion to Enforce Settlement is GRANTED and Plaintiff’s request for fees and costs are awarded against Defendant in the reduced amount of $1,213.37.

            IT IS SO ORDERED, CLERK TO GIVE NOTICE.