Judge: Shirley K. Watkins, Case: 22VECV000684, Date: 2023-04-12 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: 22VECV000684    Hearing Date: April 12, 2023    Dept: T

            [TENTATIVE] ORDER:  The Motion to Enforce Settlement Pursuant to CCP § 664.6 is GRANTED. Judgment is ordered in favor of plaintiff Creditors Adjustment Bureau, Inc. and  against defendant SILVESTRE BAUTISTA TORRES AKA SILVESTRE TORRES AKA SILVESTRE B TORRES DBA SILVER ROOFING in the sum of $37,765.61.

1.     Introduction

This is an action for breach of a promissory note. Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) is the assignee of certain debt owed to the State Compensation Insurance Fund. Plaintiff alleges that Defendant Silvestre Bautista Torres aka Silvestre Torres aka Silvestre B Torres dba Silver Roofing (“Defendant”) became indebted to the State Compensation Insurance Fund and that Defendant failed to pay as obligated. Plaintiff filed this action on May 20, 2022, alleging one cause of action for breach of promissory note.

On September 19, 2022, the parties entered into a settlement agreement (the “Settlement Agreement”), wherein Defendant would make two payments of $17,336.36, for a total of $34,672.72, on September 21, 2022, and October 21, 2022, respectively. Defendant tendered two checks two Plaintiff, but both checks were returned for insufficient funds. On March 1, 2023, Plaintiff filed the instant motion to enforce settlement pursuant to Code of Civil Procedure section 664.6. Defendant has not opposed the motion.

2.     Discussion

“If parties to pending litigation stipulate, in a writing signed by the parties outside of 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.” (CCP § 664.6(a).)

Paragraph 11 of the Settlement Agreement provides as follows:

“This Agreement shall be a judicially enforceable settlement under the terms of Code of Civil Procedure section 664.6 In the event that any party to this agreement is in breach under the terms of performance from that party hereunder, then the non-breaching party may bring a motion with the Los Angeles Superior Court under Code of Civil Procedure section 664.6. The prevailing party under any motion to enforce this Agreement shall be entitled to collect reasonable attorney’s fees and costs associated with bringing said motion.”

(Jyoo Decl., Ex. 2, ¶ 11.)

            The Settlement Agreement is also signed by the parties. (Jyoo Decl., Ex. 2, p. 3.) Plaintiff has therefore established that the parties signed a writing outside the presence of the court for settlement of the case per Code of Civil Procedure section 664.6(a).

Paragraph 1 of the Settlement Agreement provides that Defendant is to make two payments of $17,336.36, for a total of $34,672.72, on September 21, 2022, and October 21, 2022, respectively. (Jyoo Decl., Ex. 2, ¶ 1.) Plaintiff has presented copies of two canceled checks from Defendant in the amounts of $17,336.36 evidencing that they were returned for insufficient funds. (Samaniego Decl., Exs. “A”, “B”.) Plaintiff indicates that it has not received any payments per the Settlement Agreement as of the date of the motion. Defendant has not presented any evidence to the contrary. Accordingly, the Court finds that Defendant has breached the Settlement Agreement and Plaintiff is entitled to judgment in the amount of $34,672.72.

Plaintiff also requests fees and costs in the amount of $3,092.89 in connection with bringing this motion. The court finds the request for fees and costs to be reasonable and necessary.  The court awards $3,092.89 as fees and costs.  Attorney fees were calculated by the lodestar method with the reasonable hourly rate for similar services in this area multiple by the total number of reasonable hours.

3.     Conclusion

            The Court GRANTS Plaintiff’s Motion to Enforce Settlement Pursuant to CCP § 664.6.  Judgment is ordered in the sum of $34,672.72 + $3,092.89 = $37,765.61.  Moving party to provide proposed Judgment.

            IT IS SO ORDERED, CLERK TO GIVE NOTICE.