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This case was last updated from Los Angeles County Superior Courts on 06/28/2019 at 10:35:15 (UTC).

SHAHLA MELAMED, ET AL., VS JACQLYN ROUGH

Case Summary

On 09/12/2017 SHAHLA MELAMED, filed a Contract - Other Contract lawsuit against JACQLYN ROUGH. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The Judges overseeing this case are LISA HART COLE and BOBBI TILLMON. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8070

  • Filing Date:

    09/12/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Santa Monica Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LISA HART COLE

BOBBI TILLMON

 

Party Details

Plaintiffs

GLOBAL FERTILITY CONCEPTS LLC

MELAMED SHAHLA

Defendant

ROUGH JACQLYN

Other

PETTIBONE DOUGLAS J.

Attorney/Law Firm Details

Plaintiff Attorneys

VIVOLI MICHAEL W.

ROSTOW & AUS

ROSTOW & AUSTER

Defendant Attorneys

KARILA KRISTINE S.

PETTIBONE DOUGLAS J.

 

Court Documents

Notice of Ruling

7/10/2018: Notice of Ruling

 

Docket Entries

  • 07/10/2018
  • Notice of Ruling; Filed by Attorney for Plaintiff

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  • 07/10/2018
  • Notice of Ruling; Filed by GLOBAL FERTILITY CONCEPTS, LLC (Plaintiff)

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  • 07/10/2018
  • Notice of Ruling On OSC Re Dismissal

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  • 07/05/2018
  • at 08:30 AM in Department O; (Osc Re Dismissal; Order of Dismissal) -

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  • 07/05/2018
  • at 08:30 am in Department WEO, Bobbi Tillmon, Presiding; Osc Re Dismissal (FOLLOWING SETTLEMENT;HEARING ON PLAINTIFF'S EX PARTEAPPLICATION FOR ORDERS TO ENFORCESETTLEMT AND REQUEST FOR SANCTIONS[PARTIES ARE ORDERED TO APPEAR]) - Order of Dismissal

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  • 07/02/2018
  • Brief-Supplemental; Filed by GLOBAL FERTILITY CONCEPTS, LLC (Plaintiff)

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  • 07/02/2018
  • Brief-Supplemental (PLTF'S SUPPLEMENTAL BRIEF RE STATUS OF DEFT'S COMPLIANCE WITH THE SETTLEMT AGREEMT & RELATED ISSUES; SUPPLEMENTAL DECLARATION OF JASON P. SACCUZZO ATTACHED HERETO); Filed by Attorney for Plaintiff

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  • 06/19/2018
  • Objection; Filed by JACQLYN ROUGH (Defendant)

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  • 06/19/2018
  • Objection (to notice of ruling on motion for order to enforce settlement and subpoena ); Filed by Attorney for Defendant

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  • 06/06/2018
  • Notice of Ruling; Filed by GLOBAL FERTILITY CONCEPTS, LLC (Plaintiff)

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164 More Docket Entries
  • 11/08/2017
  • Substitution of Attorney; Filed by SHAHLA MELAMED (Plaintiff); GLOBAL FERTILITY CONCEPTS, LLC (Plaintiff)

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  • 11/08/2017
  • Substitution of Attorney; Filed by SHAHLA MELAMED (Plaintiff); GLOBAL FERTILITY CONCEPTS, LLC (Plaintiff)

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  • 10/25/2017
  • Proof-Service/Summons; Filed by SHAHLA MELAMED (Plaintiff); GLOBAL FERTILITY CONCEPTS, LLC (Plaintiff)

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  • 10/25/2017
  • Proof-Service/Summons; Filed by Attorney for Plaintiff

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  • 09/12/2017
  • Complaint; Filed by SHAHLA MELAMED (Plaintiff); GLOBAL FERTILITY CONCEPTS, LLC (Plaintiff)

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  • 09/12/2017
  • Summons Filed; Filed by Attorney for Plaintiff

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  • 09/12/2017
  • Complaint Filed

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  • 09/12/2017
  • Summons; Filed by Plaintiff

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  • 01/02/2017
  • Statement-Case Management; Filed by Attorney for Defendant

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  • 01/02/2017
  • Case Management Statement; Filed by JACQLYN ROUGH (Defendant)

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Tentative Rulings

Case Number: SC128070    Hearing Date: December 03, 2020    Dept: O

Case Name: Melamed, et al. v. Rough, et al.

Case No.: SC128070

Hearing: 12-3-20

Calendar #: 4

Notice: OK

Complaint Filed: 9/12/17

Motion C/O: None

Discovery C/O: None

Trial Date: None

______________________________________________________________________________

SUBJECT: MOTION TO ENFORCE SETTLEMENT

MOVING PARTY: Defendant Jacqlyn Rough

RESP. PARTY: Plaintiff Global Fertility Concepts LLC and Shahla Melamed

TENTATIVE RULING

Defendant Jacqlyn Rough’s Motion to Enforce Settlement is DENIED.

“The statutory procedure for enforcing settlement agreements under section 664.6 is not exclusive. It is merely an expeditious, valid alternative statutorily created. Even though it is not exclusive, is intended to provide a means for enforcing an agreement that requires nothing more than a single motion. Although a judge hearing a section 664.6 motion may receive evidence, determine disputed facts, and enter the terms of a settlement agreement as a judgment, nothing in section 664.6 authorizes a judge to create the material terms of a settlement, as opposed to deciding what terms the parties themselves have previously agreed upon. As such, the power of the trial court under Code of Civil Procedure section 664.6 is extremely limited. The court is powerless to impose on the parties more restrictive or less restrictive or different terms than those contained in their settlement agreement.” Machado v. Myers (2019) 39 Cal.App.5th 779, 790 (trial court erred by entering CCP §664.6 judgment that included terms different from terms of parties’ settlement agreement as recited before the court).

Rough fails to establish that Plaintiff breached the parties’ March 9, 2018 settlement agreement by filing Case no. SC129673. At the March 9, 2018 hearing, Plaintiffs confirmed they “would be releasing all claims against Ms. Rough as it relates to this business transaction.” See Dec. of R. Moss, Ex. A at 6:21-23. The court transcript does not include a Civil Code §1542 waiver, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Civ. Code, §1542. Based on the Second Amended Complaint (SAC) filed in SC129673, Plaintiff did not discover the claims alleged therein until after the settlement was placed on the record in this action. See Dec. of R. Moss, Ex. B, SAC filed in SC129673, ¶¶22-23. The March 9, 2018 settlement, which only included a general release and not a Civil Code §1542 waiver, would not encompass SC129673 based on the allegations at ¶¶22-23 of the SAC.

Rough’s prior counsel, Douglas Pettibone, testifies that parties intended to include a Civil Code §1542 waiver in the settlement and that he recalls such a waiver was agreed to by all parties at the March 9, 2018 hearing. See Dec. of D. Pettibone, ¶2. Based on the evidence presented, however, the Court finds Mr. Pettibone’s recollection of what occurred at the March 9, 2018 hearing and his belief the court reporter did not take the settlement down correctly is unpersuasive. Ultimately, the certified transcript of the March 9, 2018 hearing contains the terms of the settlement agreement, and Pettibone’s “recollection” of the terms recited is irrelevant.

Similarily, according to Plaintiffs’ notice of Judge Tillmon’s 7-5-18 ruling on their ex parte motion to enforce the settlement, Judge Tillmon also found that the March 9, 2018 settlement was “limited” and “did not bar the parties from asserting newly discovered claims, including claims related to the discovery of monies misappropriated from GFC by Rough.” See Dec. of J. Saccuzzo, Ex. 6. The Court’s finding that the settlement agreement did not contain a Civil Code §1542 waiver is consistent with Judge Tillmon’s ruling.

Based on the evidence presented, the Court finds there was no Civil Code §1542 waiver agreed to by the parties’ in the March 9, 2018 settlement. Plaintiff’s filing of case no. SC129673 did not violate the terms of the March 9, 2018 settlement agreement. The motion to enforce settlement is DENIED.