Judge: Thomas D. Long, Case: 22STCV33656, Date: 2024-05-02 Tentative Ruling

Case Number: 22STCV33656    Hearing Date: May 2, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 30, 2022, Plaintiff Westlake Flooring Company, LLC and Defendant Jennifer Ashley Neese 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 March 12, 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.)

Plaintiff and Defendant entered into a settlement agreement under which Defendant would pay $72,000.00 to Plaintiff, via consecutive monthly payments of no less than $750.00 each beginning by no later than December 1, 2022, and continuing on the first day of each subsequent month for 12 months and then a $63,000.00 balloon payment by no later than December 1, 2023.  (Friedman Decl. ¶¶ 2-5.)  If Defendant defaulted, Plaintiff could seek entry of judgment for the amount due.  (Friedman Decl., Ex. A.)  Defendant made sporadic payments for a total of $9,000.00, but Defendant has defaulted and $63,000.00 in principal remains due.  (Friedman Decl. ¶¶ 6, 8.)

Plaintiff seeks entry of judgment for the outstanding $63,000.00.  Defendant did not oppose the motion.

Accordingly, the unopposed motion to enforce settlement is GRANTED.

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 2nd day of May 2024