Judge: Thomas D. Long, Case: 22STCV15165, Date: 2023-10-26 Tentative Ruling

Case Number: 22STCV15165    Hearing Date: October 26, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On August 16, 2022, Plaintiff American Express National Bank and Defendants Jacob Chait and I.M. Chait Gallery/Auctioneers Inc. 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 August 30, 2023, Plaintiff filed a motion to vacate the conditional dismissal and for entry of judgment.

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.)

Plaintiff and Defendants entered into a settlement agreement on August 12, 2022.  (Dyle Decl. ¶ 3.)  The parties agreed that Defendants were indebted to Plaintiff jointly and severally in the amount of $120,039.00.  (Dyle Decl., Ex. A, ¶ 4.)  If Defendants failed to comply with the settlement terms, Defendants agreed to the entry of judgment after receiving credit for any payments made.  (Dyle Decl., Ex. A, ¶ 5.)  In the event of Defendants’ default, Plaintiff must mail written notice, and Defendants’ have fourteen days to cure the default.  (Dyle Decl., Ex. A, ¶ 12.)  If Defendants fail to timely cure the default, Plaintiff may move for entry of judgment under Code of Civil Procedure section 664.6.  (Dyle Decl., Ex. A, ¶ 13.)

Defendants failed to make all payments consistent with the settlement agreement.  (Dyle Decl. ¶ 7.)  On February 21, 2023, Plaintiff sent a cure letter to Defendants, but Defendants did not cure their default.  (Dyle Decl. ¶¶ 8-9.)  Plaintiff filed this motion on August 30, 2023.

Defendants have made payments totaling $76,539.00 since the start of the agreement, so Plaintiff seeks a judgment for the outstanding balance of $43,500.00, plus $563.00 for this motion’s costs, resulting in a total judgment of $44,063.00.  (Dyle Decl. ¶ 10.)

The unopposed motion to enforce settlement is GRANTED.  The Court will sign the Proposed Judgment, filed on August 30, 2023, after correcting a typo in the total judgment amount.

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 26th day of October 2023