Judge: Thomas D. Long, Case: 22STCV13446, Date: 2024-11-07 Tentative Ruling

Case Number: 22STCV13446    Hearing Date: November 7, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On October 13, 2022, Plaintiff Soad Shashoua and Defendant Lost Spirits Distillery, Inc. (the successor by statutory conversion to Lost Spirits Distillery, LLC) filed a stipulation to dismiss this action pursuant to a settlement, with the Court retaining jurisdiction under Code of Civil Procedure section 664.6 for enforcement of the settlement.

On September 10, 2024, 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 Settlement Agreement required Defendant to pay a total of $290,000 to Plaintiff according to a specified schedule.  (Hurey Decl. ¶ 3 & Ex. 1.)  Defendant made settlement payments up to and including the payment that was due on June 31, 2024, but it did not make the payment that was due on July 31, 2024.  (Hurey Decl. ¶¶ 4-5.)  On August 1, 2024, Defendant’s President stated that Defendant would not be making any further payments.  (Hurey Decl. ¶ 6.)  On August 12, 2024, Plaintiff sent a letter to Defendant, informing it that entire unpaid balance of the principal sum under the terms of the Settlement Agreement was immediately due and payable, in accordance with Section 4.e of the Settlement Agreement.  (Hurey Decl. ¶ 9.)  Plaintiff seeks entry of judgment in the amount of $138,854.11 (the unpaid balance), plus ten-percent interest since August 8, 2024, pursuant to the terms of the settlement.  (See Hurey Decl. ¶ 10.)  Plaintiff also requests attorney fees of $2,755.00 for enforcing the settlement agreement, pursuant to the terms of the settlement.  (Hurey Decl. ¶ 14.)

The unopposed motion to enforce settlement is GRANTED.  Plaintiff is ordered to submit a proposed judgment within five days.

A Non-Appearance Case Review Re: Submission of Proposed Judgment is scheduled for November 15, 2024 at 9:00 a.m.

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.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 7th day of November 2024