This case was last updated from Los Angeles County Superior Courts on 12/12/2021 at 04:29:55 (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 BOBBI TILLMON and LISA HART COLE. 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

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

BOBBI TILLMON

LISA HART COLE

 

Party Details

Plaintiffs

GLOBAL FERTILITY CONCEPTS LLC

MELAMED SHAHLA

Defendant

ROUGH JACQLYN

Attorney/Law Firm Details

Plaintiff Attorney

VIVOLI MICHAEL W.

Defendant Attorney

MOSS ROBERT M

 

Court Documents

Motion to Enforce Settlement

8/7/2020: Motion to Enforce Settlement

Memorandum - MEMORANDUM TO INJOIN AND DIMISS SUBSEQUENTLY FILED ACTION IN CASE NUMBER SC128070

8/7/2020: Memorandum - MEMORANDUM TO INJOIN AND DIMISS SUBSEQUENTLY FILED ACTION IN CASE NUMBER SC128070

Declaration - DECLARATION OF ROBERT M. MOSS IN SUPPORT OF MOTION TO DISMISS

8/7/2020: Declaration - DECLARATION OF ROBERT M. MOSS IN SUPPORT OF MOTION TO DISMISS

Request for Judicial Notice - REQUEST FOR JUDICIAL NOTICE FILED IN CONJUNCTION WITH DEFENDANT'S MOTION TO ENJOIN AND DISMISS

8/7/2020: Request for Judicial Notice - REQUEST FOR JUDICIAL NOTICE FILED IN CONJUNCTION WITH DEFENDANT'S MOTION TO ENJOIN AND DISMISS

Declaration - DECLARATION OF DOUGLAS J. PETTIBONE

9/14/2020: Declaration - DECLARATION OF DOUGLAS J. PETTIBONE

Notice of Related Case

9/30/2020: Notice of Related Case

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: NOTICE OF RELATED CASE FILED O...)

10/16/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: NOTICE OF RELATED CASE FILED O...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE: NOTICE OF RELATED CASE FILED O...) OF 10/16/2020

10/16/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE: NOTICE OF RELATED CASE FILED O...) OF 10/16/2020

Declaration - DECLARATION OF JASON P. SACCUZZO & ATTACHED EXHIBITS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO JACQLYN ROUGH'S MOTION TO "ENJOIN AND DISMISS SUBSEQUENTLY FILED ACTION"

11/18/2020: Declaration - DECLARATION OF JASON P. SACCUZZO & ATTACHED EXHIBITS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO JACQLYN ROUGH'S MOTION TO "ENJOIN AND DISMISS SUBSEQUENTLY FILED ACTION"

Proof of Service (not Summons and Complaint)

11/18/2020: Proof of Service (not Summons and Complaint)

Opposition - OPPOSITION TO JACQLYN ROUGH'S MOTION TO "ENJOIN AND DISMISS SUBSEQUENTLY FILED ACTION"

11/18/2020: Opposition - OPPOSITION TO JACQLYN ROUGH'S MOTION TO "ENJOIN AND DISMISS SUBSEQUENTLY FILED ACTION"

Proof of Service (not Summons and Complaint)

11/18/2020: Proof of Service (not Summons and Complaint)

Declaration - DECLARATION OF MICHAEL W. VIVOLI & ATTACHED EXHIBITS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO JACQLYN ROUGH'S MOTION TO "ENJOIN AND DISMISS SUBSEQUENTLY FILED ACTION"

11/18/2020: Declaration - DECLARATION OF MICHAEL W. VIVOLI & ATTACHED EXHIBITS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO JACQLYN ROUGH'S MOTION TO "ENJOIN AND DISMISS SUBSEQUENTLY FILED ACTION"

Reply - REPLY TO OPPOSITION TO ENFORCE SETTLEMENT PURSUANT TO CCP 664.6

11/30/2020: Reply - REPLY TO OPPOSITION TO ENFORCE SETTLEMENT PURSUANT TO CCP 664.6

Minute Order - MINUTE ORDER (HEARING ON DEFENDANT JACQLYN ROUGHS MOTION TO ENFORCE SETTLE...)

12/3/2020: Minute Order - MINUTE ORDER (HEARING ON DEFENDANT JACQLYN ROUGHS MOTION TO ENFORCE SETTLE...)

Stipulation and Order to use Certified Shorthand Reporter

12/3/2020: Stipulation and Order to use Certified Shorthand Reporter

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: WHY CASES SC128070 AND SC129673 SHOUL...)

12/15/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: WHY CASES SC128070 AND SC129673 SHOUL...)

Notice of Ruling - On OSC Re Dismissal

7/10/2018: Notice of Ruling - On OSC Re Dismissal

6 More Documents Available

 

Docket Entries

  • 12/15/2020
  • Docketat 08:30 AM in Department O; Order to Show Cause Re: (Why Cases SC128070 and SC129673 Should Not Be Related) - Held

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  • 12/15/2020
  • DocketMinute Order ( (Order to Show Cause Re: Why Cases SC128070 and SC129673 Shoul...)); Filed by Clerk

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  • 12/03/2020
  • Docketat 08:30 AM in Department O; Hearing on Motion to Enforce Settlement - Held - Motion Denied

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  • 12/03/2020
  • Docketat 08:30 AM in Department O; Order to Show Cause Re: (Why Cases SC128070 and SC129673 Should Not Be Related) - Held - Continued

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  • 12/03/2020
  • DocketStipulation and Order to use Certified Shorthand Reporter; Filed by GLOBAL FERTILITY CONCEPTS, LLC (Plaintiff)

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  • 12/03/2020
  • DocketMinute Order ( (Hearing on Defendant Jacqlyn Rough?s Motion to Enforce Settle...)); Filed by Clerk

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  • 11/30/2020
  • DocketReply (to Opposition to Enforce Settlement Pursuant to CCP 664.6); Filed by JACQLYN ROUGH (Defendant)

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  • 11/18/2020
  • DocketProof of Service (not Summons and Complaint); Filed by GLOBAL FERTILITY CONCEPTS, LLC (Plaintiff)

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  • 11/18/2020
  • DocketDeclaration (of Jason P. Saccuzzo & Attached Exhibits in Support of Plaintiff's Opposition to Jacqlyn Rough's Motion to "Enjoin and Dismiss Subsequently Filed Action"); Filed by GLOBAL FERTILITY CONCEPTS, LLC (Plaintiff)

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  • 11/18/2020
  • DocketProof of Service (not Summons and Complaint); Filed by GLOBAL FERTILITY CONCEPTS, LLC (Plaintiff)

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

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  • 11/08/2017
  • DocketSubstitution of Attorney (FOR GLOBAL FERTILITY CONCEPTS,LLC ); Filed by Attorney for Plaintiff

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

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

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  • 09/12/2017
  • DocketComplaint Filed

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

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

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

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

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

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Tentative Rulings

Case Number: ****8070    Hearing Date: December 03, 2020    Dept: O

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

Case No.: ****8070

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.



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