Case Number: BC637405 Hearing Date: March 23, 2018 Dept: 32

mONA CARDENAS, an individual,

Plaintiff,

v.

SSG MEDICAL MANAGEMENT, INC. D/B/A NEW IMAGE WEIGHT LOSS CLINIC, a California corporation, SELENA GEORGE, an individual, and DOES 1 through 50,

Defendants.

Case No.: BC637405

Hearing Date: March 23, 2018

order RE:

MOTION FOR AN ORDER TO ENFORCE SETTLEMENT AND IMPOSE SANCTIONS

BACKGROUND

Plaintiff Mona Cardenas (“Moving Party”) moves for an order to enforce settlement and an order to impose sanctions on Defendant Selena George for failure to pay Moving Party pursuant to the executed Settlement Agreement between the parties.

Parties agreed that this Court would retain jurisdiction over the Settlement Agreement pursuant to Code of Civil Procedure §664.6.

DISCUSSION

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. (California Code of Civil Procedure, Section 664.6.)

By the terms of the Settlement Agreement, Defendant agreed to make payment within twenty (20) days of the execution of the Settlement Agreement. Plaintiff alleges defendant has failed to pay to date. Responding party does not oppose this motion for enforcement. Therefore, breaching party, defendant Selena George, is hereby ordered to perform the terms of the Settlement Agreement agreed to between the parties for the full balance under the agreement of $11,700.

Based on the foregoing, plaintiff’s motion for an order to enforce settlement is GRANTED.

In regards to Plaintiff’s motion for attorney fees. The settlement agreement provides that a party who is required to enforce the terms of the settlement agreement is entitled to reasonable attorney fees and costs expended to enforce the settlement agreement. (See, page 6 of Exhibit B, Settlement Agreement.) Plaintiff’s counsel’s request for attorney fees and costs of $2,265.00 to enforce the settlement agreement is reasonable.

Based on the foregoing, plaintiff’s counsel is entitled to attorney fees and costs in the amount of $2,265.00.

Judgment shall be entered in favor of plaintiff and against defendant in the amount of $13,965.