Judge: Stephen I. Goorvitch, Case: 21STCV08688, Date: 2023-05-16 Tentative Ruling

Case Number: 21STCV08688    Hearing Date: May 16, 2023    Dept: 39

Steven Lee v. MKC Management Group, LLC

Case No. 21STCV08688

Motion to Enforce Settlement Agreement

Plaintiff Steven Lee (“Plaintiff”) filed this motion against Defendants to enforce their settlement agreement.  Code of Civil Procedure 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.”  (Code Civ. Proc., § 664.6.)  In ruling on a motion to enter judgment, the Court acts as a trier of fact.  The Court must determine whether the parties entered into a valid and binding settlement.  To do so, the Court may receive oral testimony in addition to declarations.  (Kohn v. Jaymar-Ruby, Inc. (1994) 23 Cal.App.4th 1530, 1533.)

Plaintiff advances a settlement agreement with Defendants.  Defendants agreed to pay Plaintiff a total of $80,000 in four payments.  (Declaration of Lawrence W. Freiman, Exhibit A.)  To date, Plaintiff has not received any payments.  (Id., ¶¶ 5-8.)  The motion is not opposed.  Based upon the foregoing, the Court orders as follows:

1.         Plaintiff’s motion to enforce the settlement is granted.

2.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.