Judge: Steven A. Ellis, Case: 21STCV02558, Date: 2024-05-21 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 
IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 
ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 21STCV02558    Hearing Date: May 21, 2024    Dept: 29

Motions to Enforce Settlement filed by Plaintiffs Micaela Delgado Calderon and Maria Elena Osorio Montes.

Tentative

The motion to enforce the settlement is denied as moot.

The request for sanctions is denied.

Background

On January 21, 2021, Micaela Delgado Calderon and Maria Elena Osorio Montes (collectively “Plaintiffs”) filed a complaint against Southland Transit Inc., Joseph Dunn, and City of La Puente (collectively “Defendants”) for a motor vehicle negligence cause of action arising out of an automobile accident occurring on June 5, 2020. Defendants filed their answer on June 11, 2021.

On December 28, 2023, a notice of settlement was filed with the Court.

On April 24, 2024, Plaintiffs filed this motion to enforce settlement. Defendants filed an opposition on May 10, 2024. Plaintiffs filed a reply on May 14.

Legal Standard

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.)

Discussion

It appears from the Court’s review of the evidence in the record and the arguments of counsel that although there was some delay in the process, the settlement agreement has now been signed and the payments have been made.  Accordingly, the motion to enforce the settlement is denied as moot.

The Court denies the request for sanctions.  On this record, it does not appear that the delays were the result of bad faith or improper conduct.  Moreover, under Code of Civil Procedure section 128.5, “A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific alleged action or tactic, made in bad faith, that is frivolous or solely intended to cause unnecessary delay.” (Code of Civil Procedure § 128.5(f)(1)(A).) This request for sanctions was brought with the motion to enforce settlement, and as such, is improper.

Conclusion

The Court DENIES AS MOOT the motion to enforce the settlement agreement.

The Court DENIES the request for sanctions.

Moving Party is ORDERED to give notice.