Judge: Stephen I. Goorvitch, Case: 21STCV10491, Date: 2024-01-26 Tentative Ruling

Case Number: 21STCV10491    Hearing Date: January 26, 2024    Dept: 39

Trinidad Ortega Cruz v. Nissan North America, Inc.

Case No. 21STCV10491

Motion to Enforce Settlement

            Plaintiff Trinidad Ortega Cruz (“Plaintiff”) filed this action under the Song-Beverly Consumer Warranty Act against Defendant Nissan North America, Inc. (“Defendant”).  Plaintiff filed a notice of settlement on January 6, 2023, indicating that the parties required 120 days to complete the settlement.  On June 15, 2023, the parties appeared and reported that they resolved the issue of attorneys’ fees but “the surrender of the vehicle ha[d] not yet occurred.”  (See Court’s Minute Order, dated June 15, 2023.)  The parties appeared on August 3, 2023, and Plaintiff’s counsel “represent[ed] that she is still awaiting the vehicle surrender.”  (See Court’s Minute Order, dated August 3, 2023.)  Plaintiff’s counsel filed a motion to enforce the settlement on September 12, 2023, and the parties filed a joint status report on September 28, 2023, stating that the surrender “is taking longer than expected” due to “the backlog of cases.”  (See Joint Statement, dated September 28, 2023.)  Defendant’s counsel represented that he expected the third-party vendor to complete the surrender “within 45 days.”  (Ibid.)  The parties appeared on December 6, 2023, and represented that the surrender still had not occurred.  (See Court’s Minute Order, dated December 6, 2023.)  Defendant’s counsel predicated that “the surrender would be completed before the holidays.”  (Ibid.)  Now, Defendant’s counsel represents in his opposition to Plaintiff’s motion that the settlement is scheduled for January 17, 2024.  (See Memorandum of Points & Authorities in Support of Opposition to Plaintiff’s Motion to Enforce Settlement).

            Defendant’s conduct is unacceptable in this case.  The parties reached an agreement on or before January 6, 2023, and the surrender still had not occurred on the one-year anniversary of the settlement.  It is not good cause to blame “the backlog of cases.”  While the Court understands there may be some delay, the delay in this case is excessive.  If necessary, Defendant should handle the surrenders itself or hire more third-parties to keep up with demand.  Plaintiff’s counsel is entitled to additional attorneys’ fees based on the need for additional litigation necessitated by Defendant’s delay. 

Accordingly, the Court orders as follows:

            1.         The Court grants Plaintiff’s motion to enforce the settlement.  The vehicle surrender shall occur within sixty (60) days if it has not occurred before the hearing.  If the vehicle surrender does not occur, Plaintiff’s counsel may file a motion seeking an Order to Show Cause why the Court should not hold Defendant in contempt for violation of a court order or any other remedy that is appropriate under the Code of Civil Procedure or the case law. 

            2.         The Court grants Plaintiff’s counsel’s request for additional attorneys’ fees, as permitted by the Song-Beverly Consumer Warranty Act, for the additional appearances and motion necessitated by Defendants’ conduct.  Defendant Nissan North America, Inc. shall pay Plaintiff’s counsel an additional $2,055 in attorneys’ fees, plus the filing fee of $61.65, for a total of $2,116.65.  The Court finds this amount is fair and reasonable to compensate Plaintiff’s counsel for the additional attorney time and costs associated with this issue.  These fees shall be paid within sixty (60) days.  If Defendant does not pay the additional attorneys’ fees/costs, Plaintiff’s counsel may lodge a proposed judgment and/or pursue collection proceedings against Defendant. 

            3.         The Court dismisses this case with prejudice. 

            4.         Plaintiff’s counsel shall provide note and file proof of such with the Court.