On 03/08/2018 a Property - Other Real Property case was filed by MUHAMMAD KHER ALMULHEM against MARTHA KELLY KEYS REVOCABLE TRUST in the jurisdiction of Los Angeles County Superior Courts, Compton Courthouse located in Los Angeles, California.
Disposed - Judgment Entered
Los Angeles County Superior Courts
Los Angeles, California
MAURICE A. LEITER
ALMULHEM MUHAMMAD KHER
ALM TRUCKING COMPANY
MARTHA KELLY KEYS REVOCABLE TRUST
4/24/2018: Legacy Document
6/5/2018: Legacy Document
7/9/2018: Association of Attorney
8/13/2018: Proof of Service (not Summons and Complaint)
8/15/2018: Proof of Service by Mail
8/15/2018: Case Management Statement
8/22/2018: Minute Order
1/7/2019: Informal Discovery Conference
1/7/2019: Informal Discovery Conference
4/8/2019: Witness List
4/12/2019: Jury Instructions
5/3/2019: Order on Court Fee Waiver (Superior Court)
5/10/2019: Exhibit List
5/13/2019: Proof of Service (not Summons and Complaint)
6/3/2019: Stipulation for Judgment
at 08:30 AM in Department A, Maurice A. Leiter, Presiding; Order to Show Cause Re: (Dismissal pursuant to California Rules of Court, Rule 3.1385(b) and (c)) - Not Held - Vacated by CourtRead MoreRead Less
Proof of Service by Substituted Service; Filed by MARTHA KELLY KEYS REVOCABLE TRUST (Defendant); MAURICE KEYS (Defendant)Read MoreRead Less
Stipulation for Judgment; Filed by MUHAMMAD KHER ALMULHEM (Legacy Party)Read MoreRead Less
at 08:30 AM in Department A, Maurice A. Leiter, Presiding; Order to Show Cause Re: (Dismissal pursuant to California Rules of Court, Rule 3.1385(b) and (c)) - Not Held - Advanced and Continued - by PartyRead MoreRead Less
Notice of Rejection - Pleadings; Filed by ClerkRead MoreRead Less
at 09:30 AM in Department A, Maurice A. Leiter, Presiding; Non-Jury Trial - HeldRead MoreRead Less
Minute Order ( (Non-Jury Trial)); Filed by ClerkRead MoreRead Less
Proof of Service (not Summons and Complaint); Filed by MAURICE KEYS (Cross-Complainant)Read MoreRead Less
Notice (of Errata in Amended Respondent's Exhibit List); Filed by MAURICE KEYS (Cross-Complainant)Read MoreRead Less
Exhibit List; Filed by MAURICE KEYS (Defendant)Read MoreRead Less
Order on Court Fee Waiver (Superior Court)Read MoreRead Less
Request to Waive Court Fees; Filed by MAURICE KEYS (Defendant)Read MoreRead Less
Default Entered; Filed by MUHAMMAD KHER ALMULHEM (Legacy Party)Read MoreRead Less
Proof-Service/Summons; Filed by MUHAMMAD KHER ALMULHEM (Legacy Party)Read MoreRead Less
at 08:30 AM in Department A; (Case Ordered Reassigned; Case Reassigned for all purposes) -Read MoreRead Less
Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by ClerkRead MoreRead Less
Notice of Case Management Conference; Filed by ClerkRead MoreRead Less
Summons; Filed by nullRead MoreRead Less
Complaint; Filed by MUHAMMAD KHER ALMULHEM (Legacy Party)Read MoreRead Less
Civil Case Cover Sheet; Filed by MUHAMMAD KHER ALMULHEM (Legacy Party)Read MoreRead Less
Case Number: TC029076 Hearing Date: October 29, 2019 Dept: A
# 10. Muhammad Almulhem v. Martha Kelly Keys Revocable Trust, et al.
Case No.: TC029076
Matter on calendar for: Motion to Enforce Settlement
The parties in this action agreed to a settlement on June 3, 2019, wherein Defendant Maurice Keys was to vacate the property at 425 E. Cassidy St., Carson, CA 90746 within 45 days of the agreement. Plaintiff Muhammad Almulhem was to furnish $195,000 within the same 45 day period (July 18, 2019). Defendant surrendered possession of the property, but Plaintiff failed to pay the $195,000.
Defendant Keys now moves to enforce the settlement agreement, specifically for $195,000 plus $5,502.74 in interest and $3,254 in attorneys’ fees, or $203,756.74 in total.
Code of Civil Procedure § 664.6 “explicitly provides statutory authorization for the entry of judgment upon a stipulated settlement by means of a noticed motion.” (Casa de Valley View Owner’s Assn. v. Stevenson (1985) 167 Cal.App.3d 1182, 1189.) The Court may determine the motion upon declarations alone in ruling. (Corkland v. Boscoe (1984) 156 Cal.App.3rd 989, 994) Where the settlement is ambiguous, the Court is required to consider extrinsic evidence of the parties’ intent. (Steller v. Sears, Roebuck & Co. (2010) 189 Cal.App.4th 175, 183).
Plaintiff sought to pay the $195,000 by refinancing the property once Defendant surrendered it. However, a trust deed was found in the title history that delayed the loan. (Decl. Elbanna, ¶¶ 1–3.) Research by the title company revealed the deed benefited a bail bondsman who supplied bail for Defendant in 1995. (Ibid.) It was determined that the note had been paid off. (Ibid.) Plaintiff sent the escrow documents to Defendant on September 19, 2019, but Defendant has not signed the documents, preventing the transfer of the $195,000. (Decl. Waddel, ¶¶ 1–3.)
After reviewing the papers and affidavits, Plaintiff attempted to perform on September 19, 2019. An unknown encumbrance on the property, an encumbrance granted to benefit Defendant, prevented Plaintiff’s timely performance. Once the encumbrance was resolved, Plaintiff quickly attempted to perform. It is inequitable to hold Plaintiff liable for a delay which was not caused by Plaintiff.
Additionally, paragraph 7 of the settlement agreement states:
“Both parties are ordered to execute any documents required to effectuate the terms of this Stipulated Judgment and the failure to cooperate requiring additional Court Proceedings shall subject the non-cooperating party to reasonable attorneys fees and costs occasioned by such failure.” (Decl. Dobson, Exh. A, pg. 3.)
The wording of this provision, a single sentence, limits the recovery of attorney’s fees to the improper refusal to execute necessary documents. As Plaintiff did not fail in this regard, the request for attorney’s fees must be denied.
The motion to enforce the settlement agreement is denied without prejudice.