Judge: Thomas D. Long, Case: 20STCV41369, Date: 2023-03-09 Tentative Ruling

Case Number: 20STCV41369    Hearing Date: March 9, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 12, 2022, Plaintiff Farshid Hekmat entered into a settlement agreement with Defendants Manoucher Sarbaz, Club View LLC (“Club View”), and Lucerne Valley LLC (“Lucerne”), with the Court retaining jurisdiction under Code of Civil Procedure section 664.6 for enforcement of the settlement.

On February 1, 2023, Plaintiff filed a motion to enforce the settlement.

Courts may enter judgments pursuant to written settlements signed by the parties.  (Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1428; Code Civ. Proc., § 664.6.)  Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement.  (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.)  The party seeking to enforce a settlement “must first establish the agreement at issue was set forth ‘in a writing signed by the parties’ (§ 664.6) or was made orally before the court.  [Citation.]”  (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 304.)

The parties entered into a settlement agreement through which Sarbaz and Club View would pay Plaintiff the total sum of $1,110,500.00 and Sarbaz and Lucerne Valley would pay Plaintiff the total sum of $665,000.00.  (Berman Decl. ¶ 4 & Ex. A.)  Each payment was due in a lump sum by September 30, 2022.  (Berman Decl. ¶¶ 4-5.)  Defendants failed to timely make the payments and have still failed to do so.  (Berman Decl. ¶¶ 7, 9.)

Plaintiff also seeks $8,820.00 in attorney fees and costs incurred for the motion.  (Berman Decl. ¶¶ 10-12.)  The settlement agreement provides for reasonable attorney fees and costs incurred in enforcing the settlement.  (Berman Decl., Ex. A at ¶ 12.)  The 16.8 hours billed is excessive.  The Court finds that a reasonable amount of attorney fees and costs is $2,500.00.

The unopposed motion to enforce settlement is GRANTED.  Within five days, Plaintiff is to submit a single proposed judgment.  The judgment shall be in favor of Plaintiff and against Sarbaz and Club View, jointly and severally, in the amount of $1,110,500.00; against Sarbaz and Lucerne Valley, jointly and severally, in the amount of $665,000.00; plus $2,500.00 in attorney fees and costs, jointly and severally, from Sarbaz, Club View, and Lucerne Valley.

A Non-Appearance Case Review re: Submission of Proposed Judgment is scheduled for 03/17/2023 at 10:00 AM in Department 48 at Stanley Mosk Courthouse (March 17, 2023).

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

       Dated this 9th day of March 2023