Judge: Thomas D. Long, Case: 22STCV22822, Date: 2024-11-05 Tentative Ruling

Case Number: 22STCV22822    Hearing Date: November 5, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On January 20, 2023, Plaintiff Tech. Finance Co. LLC and Defendant Information Technology Partners  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 3, 2024, Plaintiff filed a motion to enforce the settlement and to enter 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 Defendant signed a settlement agreement on September 15, 2022.  (Motion, Ex. 3.)  Defendant agreed to pay Plaintiff a total of $178,655.07 in multiple installments through May 2023.  The parties later executed three amendments to the settlement agreement.  (Motion, Exs. 4-6.)  Defendant has defaulted on its obligations.  (Lyman Decl. ¶¶ 6-7.)

Plaintiff seeks entry of judgment in the amount of $119,709.59.  This is the total of the $132,766.98 balance as of the parties’ Third Amendment to Settlement Agreement and any disbursements, payments, and interest.  (Lyman Decl. ¶ 10; Motion, Exs. 6, 8.)

The unopposed motion to enforce settlement is GRANTED.  The Court will enter a judgment in favor of Plaintiff and against Defendant in the total amount of $119,709.59.

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 5th day of November 2024