Tentative Rulings

Case Number: *******0510 Hearing Date: June 6, 2022 Dept: 20

Tentative Ruling

Judge Kevin C. Brazile

Department 20

Hearing Date: June 6, 2022

Case Name: Shagmag, Inc. v. McHugh, et al.

Case No.: *******0510

Matter: Motion to Enter Stipulated Judgment

Moving Party: Defendant Stephen McHugh

Responding Party: Unopposed

Notice: OK

Ruling: The Motion is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.

Defendant Stephen McHugh seeks “[e]ntry of Judgment against Plaintiff SHAGMAG, INC. [ ] pursuant to the terms of the (1) Settlement Agreement and Mutual General Release [ ]; and (2) the Stipulation for Entry of Judgment in the amount of $48,000.00, interest at the rate of 10% per annum from the date of entry of Judgment, attorneys' fees, and costs.” This request is premised on Code Civ. Proc. 664.6.

The Court is authorized to enter judgment pursuant to a stipulated settlement. (Code Civ. Proc. 664.6.) In reviewing a motion to enforce a settlement, the Court determines “whether the parties entered into a valid and binding settlement.” (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.) “A settlement is enforceable under section 664.6 only if the parties agreed to all material settlement terms. [Citations.] The court ruling on the motion may consider the parties’ declarations and other evidence in deciding what terms the parties agreed to, and the court’s factual findings in this regard are reviewed under the substantial evidence standard. [Citations.] If the court determines that the parties entered into an enforceable settlement, it should grant the motion and enter a formal judgment pursuant to the terms of the settlement.” (Id. at pp. 1182-1183; see also Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1357 [“Strong public policy in favor of the settlement of civil cases gives the trial court, which approves the settlement, the power to enforce it”].)

“[A] party moving for the entry of judgment pursuant to a settlement under Code of Civil Procedure section 664.6 need not establish a breach of contract to support relief under the statute.” (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1188.)

Because there appears to be a valid settlement between the parties and no opposition was filed, the Court will enter the terms of the parties’ settlement agreement as a judgment. (Code Civ. Proc. 664.6.)

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.