Case Number: BC569920??? Hearing Date: May 05, 2016??? Dept: 97
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EHSAN MISSAGHIAN,
Plaintiff,
v.
CITY OF SANTA MONICA, et al.,
Defendants.
Case No.: BC569920
Hearing Date: May 5, 2016
[TENTATIVE] ORDER RE:MOTION TO ENFORCE SETTLEMENT AGREEMENT
Defendant/Cross-Defendant Irish Construction (?Irish?) moves to enforce the terms of the Settlement Agreement reached between all Defendants and Plaintiff Ehsan Missaghian (?Plaintiff?) pursuant to CCP ?664.6. Irish seeks to dismiss with prejudice the entirety of Plaintiff?s action against all Defendants and requests attorneys? fees and costs in the amount of $3,000 pursuant to the express terms of the Settlement Agreement.
Discussion
Following mediation with Retired Judge Robert Letteau (?Letteau?), it is undisputed that the parties settled this matter and reduced the settlement into writing. A written agreement and stipulation was entered into by the parties at mediation on October 9, 2015, and a full Settlement Agreement was thereafter executed by all parties. (Exhibits A and B.)
Irish presents evidence that Irish has complied with the Settlement Agreement by sending the settlement check on February 9, 2016, via overnight mail to Plaintiff?s counsel?s office. Pursuant to Section 4.3 of the Settlement Agreement, Plaintiff was required dismiss his Complaint as to all Defendants within 5 days of receipt of Irish?s settlement check, yet Plaintiff failed to do so. The Settlement Agreement states that in the event that any action is taken to enforce the Settlement Agreement, the prevailing party in enforcement of the Settlement Agreement will be entitled to recover attorneys? fees and costs occasioned by the enforcement proceedings. (Section 5.13 of the Settlement Agreement.)
In Opposition, Plaintiff?s counsel argues that Irish was required to bring this matter before Retired Judge Robert Letteau prior to requesting court enforcement. Plaintiff?s counsel also explains that Defendants have not been dismissed because Plaintiff is in negotiations with Medicare to reduce its lien and Plaintiff wishes for separate checks to be issued to Plaintiff and Medicare.
With respect to Plaintiff?s first argument, Section 5.13 of the Settlement Agreement states that the ?SETTLING PARTIES are to try and resolve and all ?enforceability issues? with the mediator, while Section 1a of the parties? initial Settlement Agreement and Stipulation states that enforcement issues ?shall be brought to the attention of? the mediator. The Court finds that Irish has sufficiently tried to resolve this matter with Letteau/has brought this matter to the attention of Letteau as the parties forwarded their correspondences regarding this dispute to Letteau and a meeting was scheduled to occur with Letteau, but was cancelled by Plaintiff?s counsel.
With respect to Plaintiff?s second argument, the language of the Settlement Agreement is unambiguous in that the check was to be made payable to Plaintiff, Plaintiff?s counsel, and Medicare. (Section 4.1 of the Settlement Agreement.) Plaintiff agreed to this term and Plaintiff has cited to no authority for his modification request.
Conclusion
Irish?s motion is granted pursuant to CCP ?664.6. The parties agreed to terms outside the presence of the Court and did so in writing; thus, the agreement is enforceable pursuant to this statute. The Court hereby dismisses Plaintiff?s Complaint with prejudice as to all Defendants.
Plaintiff is ordered to pay attorneys? fees and costs in the amount of $1700, by and through his counsel, within twenty days of notice of this order.
Irish is ordered to provide notice of this order.