Judge: Theodore R. Howard, Case: 15-813279, Date: 2022-09-08 Tentative Ruling

The Motion for Entry of Judgment, filed on 3/11/22 by Plaintiff Lauralin Debra Anderson Pouliot (“Pouliot”), requesting entry of judgment against Richard Cohen (“Cohen”), is DENIED, without prejudice to a renewed motion that complies with the requirements of the settlement agreement.

The Motion presents, as Ex. A to the Pouliot Decl., the transcript reflecting the terms of the parties’ settlement agreement. That transcript provides in pertinent part that, for Pouliot to show a right to judgment thereon, the following must be shown: 1) that Cohen defaulted on the agreed payment schedule; 2) that Cohen was given notice of that default, through his counsel, by mail with return receipt requested, as well as by email; 3) that Cohen then failed to cure the default within 15 days after such notice; 4) that the Pouliot bank account into which Cohen could make the payments electronically (Pouliot Decl. Ex. A at p. 7) either did not change, or that if it did, she gave notice thereof; and 5) that judgment should thus be entered in the amount of $50,000, less credit for all payments that were made per the settlement.

What has been presented here does not show compliance with the Notice requirement, as notice was evidently given only by email. (Pouliot Decl. ¶ 4.)  As a result, Pouliot has also failed to show that Cohen did not cure within 15 days after notice was duly given. Nor does the Motion address the account requirement noted above.

Nor does the Motion document the sums that were paid under the settlement agreement and calculate the credit to be applied accordingly. Instead, the Motion seeks entry of judgment in the full $50,000 sum, while failing to address the required credits to be applied. Pouliot has thus also failed to show the amount which may be claimed for the judgment sought here.

The Motion is therefore DENIED, without prejudice to a renewed motion that reflects compliance with the requirements of the settlement agreement at issue, which must include, if notice is now given anew, proper notice to both Cohen’s former counsel, and to Cohen personally as he is no longer represented in this case.

Counsel for Pouliot is to give notice of this ruling.