VASILIOS PAVLAKIS VS FORMOSA CAFE INC ET AL

Tentative Rulings

Case Number: ****7500    Hearing Date: August 17, 2020    Dept: 61

1. MOTION TO ENFORCE SETTLEMENT

Code Civ. Proc. section 664.6 states that:

If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.

“Section 664.6 permits the trial court judge to enter judgment on a settlement agreement without the need for a new lawsuit. [Citation.] It is for the trial court to determine in the first instance whether the parties have entered into an enforceable settlement. [Citation.] In making that determination, ‘the trial court acts as the trier of fact, determining whether the parties entered into a valid and binding settlement. [Citation.] Trial judges may consider oral testimony or may determine the motion upon declarations alone. [Citation.] When the same judge hears the settlement and the motion to enter judgment on the settlement, he or she may consult his [or her] memory. [Citation.]’ [Citation.]” (Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1359–1360.)

Pavlakis points to the settlement agreement executed on November 1, 2019, in which Defendants agreed to pay $82,500 to Pavalakis in exchange for a release of claims. (Shepard Decl. Exh. A.) The agreement, executed by Jung individually and as representative for Formosa Café, states that if Defendants default on the agreement, Pavlakis may “take judgment against Defendants by way of stipulated judgment in the amount of $125,000, plus any accumulated interest accrued from the date of execution of this Agreement.” (Shepard Decl. Exh. A.) Because Defendants failed to make the payment by the agreed date of March 30, 2020, Pavlakis brings the present motion seeking entry of stipulated judgment in the amount of $125,000 plus pre-judgment interest at 7% from November 15, 2019, as well as attorney fees to be adduced at hearing based on the attorney’s rate of $525 per hour. (Motion at p. 5.)

The court concludes that Pavlakis has satisfied his burden to show the existence of an enforceable settlement agreement between himself and defendants, and breach of same. No opposition to the motion has been filed. The motion is therefore GRANTED.