Judge: Thomas D. Long, Case: BC466945, Date: 2023-08-03 Tentative Ruling

Case Number: BC466945    Hearing Date: August 29, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On October 30, 2012, Plaintiffs Point Ruston LLC and MC Construction Consultants Inc. and Defendants David M. Luber, LCC Properties Group L.C., Richard Konecky, Empire Financial, and American Capital Development Fund 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 August 1, 2023, Plaintiffs filed an amended motion for entry of judgment pursuant to 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.)

Plaintiffs and Defendants David M. Luber and LCC Properties Group L.C. (“Luber Defendants”) entered into a settlement agreement and multiple amendments, with the Fourth Amendment to Settlement Agreement being the operative agreement.  (See Kneafsey Decl. ¶¶ 6-7.)  The amount due and owing as of June 26, 2018 was $221,323.46.  (Kneafsey Decl. ¶ 9 & Ex, 6 at pp. 1-2.)  The Luber Defendants made partial payments but did not meet the deadlines set forth in the Fourth Amendment or pursuant to multiple extensions.  (Kneafsey Decl. ¶ 13.)  Plaintiff now seeks entry of a judgment of $211,890.37, consisting of the principal amount of $157,323.00 plus $54,567.00 in prejudgment interest, pursuant to the Fourth Amendment.  (Kneafsey Decl. ¶¶ 8-11.)

The unopposed motion to enforce settlement is GRANTED.  The Court will enter a judgment for $211,890.37.

Within five days, Plaintiffs are ordered to submit a proposed judgment consistent with this order.

A Non-Appearance Case Review re: Submission of Proposed Judgment is scheduled for 09/06/2023 at 8:30 AM in Department 48 at Stanley Mosk Courthouse.

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 29th day of August 2023