EXCEL ADJUSTERS INC., A CALIFORNIA CORPORATION VS CHI SUNG KIM

Tentative Rulings

Case Number: 17STLC01553    Hearing Date: November 18, 2019    Dept: 94

Excel Adjusters, Inc. v. Kim, et al.

ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Excel Adjustors, Inc.’s Motion to Enter Judgment is GRANTED. JUDGMENT IS ENTERED JOINTLY AND SEVERALLY AGAINST DEFENDANTS CHI SUNG KIM AND HYANG KIM AND IN PLAINTIFF’S FAVOR IN THE AMOUNT OF $25,000.00.

ANALYSIS:

On August 7, 2017, Plaintiff Excel Adjustors, Inc. (“Plaintiff”) filed this action for breach of contract, account stated, and fraud, against Defendants Chi Sung Kim and Hyang Kim (“Defendants”). On February 6, 2019, Plaintiff filed a Notice of Unconditional Settlement of Entire Case. Plaintiff filed the instant Motion to Enforce Settlement Agreement (the “Motion”) on July 25, 2019. To date, no opposition has been filed.

Legal Standard

Under Code of Civil Procedure, section 664.6:

If 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.

(Code Civ. Proc., § 664.6.) Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement under this statute. (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.) Accordingly, “parties” under section 664.6 means the litigants themselves, not their attorneys. (Levy v. Superior Court (1995) 10 Cal.4th 578, 586 (holding “we conclude that the term ‘parties’ as used in section 664.6 means the litigants themselves, and does not include their attorneys of record.”).) Additionally, the settlement must include the signatures of the parties seeking to enforce the agreement, and against whom enforcement is sought. (J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 Cal.App.4th 974, 985.)

Discussion

Plaintiff has demonstrated compliance with the statutory requirements set forth above. The settlement agreement was signed by both parties. (Motion, White Decl., Exh A at ¶8.) The settlement provides that Defendants would make pay Plaintiff $17,250.00 by February 22, 2019. (Ibid.) The settlement agreement also provides that upon Defendants’ default, judgment in the amount of $25,000.00 would be entered in Plaintiff’s favor. (Ibid.) As of the filing of this motion, Defendants have not made the payments required by the settlement. (Id. at ¶7.) Accordingly, Plaintiff is entitled to entry of judgment jointly and severally against Defendants in the amount of $25,000.00.

Plaintiff Excel Adjustors, Inc.’s Motion to Enter Judgment is GRANTED. JUDGMENT IS TO BE ENTERED JOINTLY AND SEVERALLY AGAINST DEFENDANTS CHI SUNG KIM AND HYANG KIM AND IN PLAINTIFF’S FAVOR IN THE AMOUNT OF $25,000.00.

Moving party to give notice.