Judge: Thomas D. Long, Case: BC667739, Date: 2023-05-16 Tentative Ruling

Case Number: BC667739    Hearing Date: July 14, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 1, 2019, Plaintiff Juan Garcia Perez entered into a settlement agreement with Defendant Tamera and Associates Inc., with the Court retaining jurisdiction under Code of Civil Procedure section 664.6 for enforcement of the settlement.

On October 6, 2022, 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.)

The parties entered into a settlement agreement through which Defendant would pay Plaintiff the total sum of $35,000.00 through installment payments.  (Oakley Decl., Ex. A, at p. 2, ¶ 1.)  Defendant has paid $11,666.67, but $23,333.33 remains outstanding.  (Oakley Decl. ¶ 3.)

On April 27, 2023, Defendant’s now-former counsel filed a response to the motion, noting that the settlement agreement does not allow an award of attorney fees.  This motion does not seek attorney fees.  Defendant did not file any other opposition.

The unopposed motion to enforce settlement is GRANTED.  The Court will enter a judgment for the outstanding settlement balance of $23,333.33.

Within five days, Plaintiff is ordered to submit a proposed judgment consistent with this order.

A Non-Appearance Case Review re: Submission of Proposed Judgment is scheduled for 07/26/2023 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.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

       Dated this 14th day of July 2023