Judge: Thomas D. Long, Case: 24STCV06557, Date: 2024-12-05 Tentative Ruling

Case Number: 24STCV06557    Hearing Date: December 5, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 4, 2024, Plaintiff Luis Larraburu filed a motion to enforce a settlement with Defendants The Energy Company LLC and Ahmed Owiess.

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 Defendants to pay Plaintiff a total of $35,000.00, payable in 12 monthly installments of $2,916.67, beginning on October 1, 2024.  (Ruddell Decl. ¶ 3 & Ex. A at p. 2, ¶ 2(A).)  If any of the payments remain due and owing five business days after Plaintiff’s notice to Defendants, Defendants shall be deemed to be in default and the total unpaid balance shall become immediately due.  (Ruddell Decl., Ex. A at p. 3, ¶ 2(C).)  The prevailing party seeking to enforce the settlement is also entitled to attorney fees and costs.  (Ruddell Decl., Ex. A at p. 13, ¶ 18.)  To date, Defendants have not made any payments.  (Ruddell Decl. ¶ 6.)

The unopposed motion to enforce settlement is GRANTED.  Plaintiff is ordered to submit a proposed judgment ($35,000.00 settlement balance plus $3,501.70 attorney fees and costs) within five days.

A Non-Appearance Case Review Re: Submission of Proposed Judgment is scheduled for December 13, 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 5th day of December 2024