Case Number: EC062204??? Hearing Date: April 29, 2016??? Dept: A
American Express Centurion Bank v Brady
MOTION TO ENFORCE SETTLEMENT AGREEMENT
Calendar: 20
Case No: EC062204
Date: 4/29/16
MP: Plaintiff, American Express Centurion Bank
RP: Defendant, Albert Brady
RELIEF REQUESTED:
Order entering judgment pursuant to terms of settlement agreement.
DISCUSSION:
This case arose from the Plaintiff?s claim that the Defendant breach an agreement to repay amounts obtained under a credit card. A stipulation for conditional entry of judgment was filed on July 14, 2014. Based on this stipulation, the Court dismissed the action on July 17, 2014 and retained jurisdiction under CCP section 664.6 to enforce the stipulation.
This hearing concerns the Plaintiff?s motion to enforce the stipulation agreement. Under CCP section 664.6, the Court may enforce an agreement to settle the case. Section 664.6 was enacted to provide a summary procedure for specifically enforcing a settlement contract without the need for a new lawsuit. Weddington Productions, Inc. v. Flick (1998) 60 Cal. App. 4th 793, 810. In order to be enforceable pursuant to the summary procedures of section 664.6, a settlement agreement must either be entered into orally before a court or must be in writing and signed by the parties. Id.
Section 664.6 requires the “parties” to stipulate in writing or orally before the court that they have settled the case. Levy v. Superior Court (1995) 10 Cal. 4th 578, 585-586. This means the litigants themselves, and does not include their attorneys of record. Id. The litigants’ direct participation tends to ensure that the settlement is the result of their mature reflection and deliberate assent. Id. This protects the parties against hasty and improvident settlement agreements by impressing upon them the seriousness and finality of the decision to settle, and minimizes the possibility of conflicting interpretations of the settlement. Id.
A copy of the written settlement agreement was filed on July 14, 2014. The agreement was signed by all the parties. Accordingly, the Court should grant the Plaintiff?s motion and enter a judgment pursuant to the terms of the settlement agreement.
Under the agreement, the Defendant agreed to pay $26,735.50 to the Plaintiff through monthly payments. This amount included the payment of $26,145.50 plus agreed upon Court costs of $590. The parties agreed in paragraph 2 that if the Defendant failed to make any payment on time, the plaintiff would be permitted to obtain a judgment under CCP section 664.6 for the amount of $26,145.50 less any payments made plus Court costs.
The Plaintiff?s attorney, Lisa Dubowski, provides facts showing that the Defendant made $6,400 in payments, but has failed to repay the remaining amount. Ms. Dubowski states in paragraph 8 that she sent an email to notify the Defendant that he was in default and that the Plaintiff would seek the entry of a judgment under CCP section 664.6. A copy of this email sent on September 30, 2015 is attached as exhibit C to her declaration.
These facts show that the Court may enter a judgment of $19,745.50 ($26,145.50 less $6,400) in favor of the Plaintiff pursuant to the terms of the settlement. Although the parties agreed in the stipulation that costs were $590, the Plaintiff?s proposed order seeks ten dollars less, or $580 in costs.
Therefore, the Court will set aside the dismissal entered on July 17, 2014 and enter a judgment in favor of the Plaintiff for $20,325.50.
RULING:
Grant motion, set aside July 17, 2014 dismissal, and enter judgment for $20,325.50.