Judge: Shirley K. Watkins, Case: 19VECV01764, Date: 2023-04-10 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: 19VECV01764    Hearing Date: April 10, 2023    Dept: T

            [TENTATIVE] ORDER:  The Motion to Enforce Settlement is GRANTED. Judgment
shall be entered accordingly.  Moving
party to submit a proposed judgment.

1.     Introduction

Plaintiff Jon C. Mora (“Plaintiff”) moves for an order and entry of judgment enforcing the terms of the October 31, 2022 settlement between Plaintiff and Defendants Loya Casualty Insurance Company and Fred Loya Insurance Agency, Inc. (“Defendants”). Plaintiff also asks the Court for an Order adding to the judgment, interest at a rate of 10% per annum, on the settlement sum of $42,500.00 from October 31, 2022 through the date of the Court’s Order. Further, Plaintiff asks the Court to Order that Defendant, jointly and severally, pay to Plaintiff the amount of $6,193.00 as attorneys’ fees and $61.60 as costs incurred as a result of Defendant forcing Plaintiff to bring this Motion.

2.     Discussion

Pursuant to CCP § 664.6, “if 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.” “Section 664.6 was enacted to provide a summary procedure for specifically enforcing a settlement contract without the need for a new lawsuit.” (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 809.) “[S]trict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.)

Plaintiff provides Defendants’ 998 offer signed by counsel and Plaintiff’s acceptance by signature of the attached settlement and release. (Greenbaum Decl., Exhs. A-B.) Accordingly, there is an enforceable contract between the parties.

Plaintiff represents that Defendants have not made the agreed upon payment to Plaintiff. Defendants do not oppose the motion. Thus, the settlement may be enforced pursuant to Section 664.6.

Plaintiff also requests attorneys’ fees and costs in bringing this motion based on Paragraph 22 which states: If legal action is required to enforce the terms of this agreement, the prevailing party is entitled to reasonable attorney’s fees and costs. (Greenbaum Decl., Exh. B.) Plaintiff requests $6,254.60 in fees and costs based on 2.4 hours at $250.00 per hour, plus 9.4 hours at $595.00 per hour, plus $61.60 for costs of filing the motion. The Court finds this amount reasonable and awards the fees and costs incurred in having to make this motion to enforce the settlement.

Further, Plaintiff properly requested $1,874.68 ($937.34 per Defendant) in prejudgment interest (calculated at 10% per year), which they duly provide a calculation for. (See Greenbaum Decl., ¶22.) 10% prejudgment interest is available on any breach of contract (including settlement agreements) that does not specify otherwise. (Cal. Civ. Code § 3289.)

            IT IS SO ORDERED, CLERK TO GIVE NOTICE.