KIMBERLY ANNE HALL VS PERSONAL STORAGE SPACES ET AL

Tentative Rulings

Case Number: BC668024    Hearing Date: July 24, 2020    Dept: 29

Hall v. Personal Storage Spaces, et al.

Motion by Defendant, Personal Storage, to Enforce Settlement Against Plaintiff Pursuant to Cal Code Civil Procedure § 644.6; Request for Costs and Sanctions under Cal Code Civil Procedure § 128.5 is GRANTED with respect to Defendant’s request to enforce the parties’ settlement agreement. The motion is DENIED as to Defendant’s request for imposition of sanctions.  Defendant is to provide a proposed judgment to the Court within 10 days.

Cal. Code Civ. Proc. § 664.6 permits entry of judgment pursuant to the terms of the settlement if there is a writing signed by the parties or if the settlement is made orally before the court. Cal. Code Civ. Proc. § 664.6. The court acts as the trier of fact and determines whether the parties entered into a valid and binding settlement. Terry v. Conlan (2005) 131 Cal.App.4th 1445, 1454.

The court’s power is limited to determining the existence of the agreement and to enforce its settlement. Viejo Bancorp, Inc. v. Wood (1989) 217 Cal. App. 3d 200, 209.

Plaintiff personally signed the stipulation. Motion, Ex. A. Additionally, the settlement was made orally before the Court. Motion, Ex. B. The Court’s minute order reflects that Defendant orally recited the terms of the settlement agreement, and Plaintiff confirmed that she understood and agreed to the terms. Plaintiff’s counsel concurred. Defendant’s counsel confirmed that he had the authority to enter into the settlement agreement on behalf of his client. Accordingly, Plaintiff's counsel’s Motion to be Relieved as Counsel was withdrawn. Id.

Despite her representation to the Court, Plaintiff now contends that she was placed under duress by the Court and Defendant because the settlement agreement was handwritten in the hallway. Declaration of Hall, ¶ 10.

The Court’s minute order does not reflect that Plaintiff informed the Court that she was under duress, undue influence, or lacked mental capacity to enter into the settlement agreement. Motion, Ex. B.

“Undue influence” applies where a person of confidence or authority over another takes unfair advantage over her, where a person takes advantage of another’s weakness of mind, or where a person takes a grossly oppressive and unfair advantage of another’s necessities or distress. Civ Code § 1575.

There is no evidence that anyone took unfair advantage over Plaintiff. Plaintiff's counsel, Jonathan M. Pennell, avers that he did not exert any undue influence over Plaintiff, nor did he coerce his client to sign the stipulation in the hallway outside of Department 29. Pennell Declaration ¶ 5. Mr. Pennell acknowledges that Plaintiff informed the Court she was not happy with the settlement, however, she agreed to its terms. Pennell Declaration ¶ 9, Motion, Ex. B.

“Duress” applies to prevent enforcement of a contract where a person is unlawfully confined, a person’s property is detained, or a person’s lawful confinement is fraudulently obtained or fraudulently made unjustly harassing or oppressive. Civ. Code, § 1569

There is no evidence that any such conduct occurred. Plaintiff declares she felt overwhelmed at the time of settlement, but there is no evidence of any confinement of Plaintiff or fraudulent acts by any other party. Nor has Plaintiff demonstrated a lack of capacity given that she informed the Court that she agreed to the settlement terms both in writing and orally before the Court. Motion, Ex. A and B.

Defendant is ordered to prepare and file a proposed judgment within 10 days, and is ordered to call the clerk in Department 29 to inform the clerk that it has been filed.

Defendant’s request for imposition of sanctions against Plaintiff under Cal Code Civil Procedure § 128.5 is DENIED.

A motion pursuant to this section must be separately made and cannot be filed until 21 days after service of the motion on the offending party to permit time for the challenged action or tactic to be withdrawn. Cal Code Civil Procedure § 128.5(f)(1)(B). Defendant filed and served the motion on the same day.

Moving party is ordered to give notice.

The unopposed Motion to Be Relieved as Counsel for Plaintiff is GRANTED. Counsel has complied with California Rules of Court 3.1362. The order is effective upon the filing of the proof of service of the motion on the Plaintiff. Until then, counsel remains counsel of record.

Moving party is ordered to give notice.

Case Number: BC668024    Hearing Date: March 17, 2020    Dept: 29

Hall v. Personal Storage Spaces

Hearing on Motion to Enforce Settlement Against Plaintiff Under CCP Section 664.6, Request for Costs and Sanctions and Attorney Fees Under CCP Section 128.5 Against Plaintiff is CONTINUED to 5/4/2020 at 1:30 p.m.

Based on current conditions, including, but not limited to, the spread of COVID-19, the need for social distancing, and a state of emergency having been declared by Governor Newsom, the court finds good cause to continue the hearing on this motion to 5/4/2020.

The Court is ordered to give notice.

Case Number: BC668024    Hearing Date: January 31, 2020    Dept: 29

Hall v. Personal Storage Spaces

The unopposed Motion to be Relieved as Counsel for Plaintiff, Kimberly Ann Hall, is GRANTED. Counsel has complied with the requirements of Cal Rules of Court 3.1362. The order shall be effective upon the filing of a proof of service of the signed order on the client. Cal Rules of Court 3.1362(e). Counsel remains counsel of record until the proof of service is filed.

Moving party is ordered to give notice.

Case Number: BC668024    Hearing Date: January 17, 2020    Dept: 29

Hall v. Personal Storage Spaces

The unopposed Motion to be Relieved as Counsel for Plaintiff, Kimberly Ann Hall, is GRANTED. Counsel has complied with the requirements of Cal Rules of Court 3.1362. The order shall be effective upon the filing of a proof of service of the signed order on the client. Cal Rules of Court 3.1362(e). Counsel will remain counsel of record until the proof of service of the signed order is filed.

Moving party is ordered to give notice.

Case Number: BC668024    Hearing Date: November 13, 2019    Dept: 2

Hall v. Personal Storage Spaces, et al.

Defendant’s Two Motions to Compel Responses to Supplemental Interrogatories, Set Three; and Supplemental Request for Production of Documents, Set Three filed on 10/16/19, are DENIED as moot. Plaintiff served verified responses to the foregoing discovery without objections on 10/25/19. Cal Code Civ Procedure §2030.290(b).

The request for sanctions is also DENIED. Based on the facts and circumstances set forth in the opposition papers (including the fact that Plaintiff is homeless and has had difficulties in communicating with counsel), the Court declines to impose sanctions at this time. The Court finds that the imposition of sanctions would be unjust. The Court admonishes Plaintiff and her counsel that she must comply with her discovery obligations in a timely manner.

The Moving Party is ordered to give notice.