Judge: Thomas Falls, Case: KC067763, Date: 2022-08-12 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, attorneys are advised to check this website to determine if any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Dept. R at 909-802-1117 before 8:30 the morning of the hearing.

Case Number: KC067763    Hearing Date: August 12, 2022    Dept: R

Roic California, LLC v. Welch Management Corporation, et al. (KC067763)

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Plaintiff’s MOTION TO ENFORCE SETTLEMENT [CCP §664.6]

Responding Party: Unopposed

Tentative Ruling

Plaintiff’s MOTION TO ENFORCE SETTLEMENT [CCP §664.6] is GRANTED.

Legal Standard

California Code of Civil Procedure section 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” 

Discussion

Here, Plaintiff requests the court to enter judgment in favor of Plaintiff against Defendants for $30,289.74 as Defendants have defaulted under the terms of the signed Stipulation Agreement (“Agreement”). The declaration submits a true and correct copy of the Agreement (Ex. A) and submitted documentation substantiating Defendants’ default in the performance of the Agreement (Ex. B). The judgment requested includes a credit of $39,000.00, attorney's fees of $750.00 and costs of $20.00. (Stelzer Dec, ¶3)

Conclusion

Based on the foregoing, the court grants Plaintiff’s Motion.