CLJ527503 DAVID WOOLSEY VS. TASSI, INC., ET AL.

DAVID WOOLSEY BRUCE TASSI
PETER H. LIEDERMAN STEVEN L. POLLAK

MOTION TO ENFORCE THE PARTIES SETTLEMENT AGREEMENT TENTATIVE RULING:

Plaintiff DAVID WOOLSEY’s Motion to Enforce Settlement Agreement is GRANTED pursuant to Code Civ. Proc. § 664.6.

Pursuant to the parties’ “Settlement, Release, Agreement and Covenant Not to Sue” (Decl. Liederman, Exh. 1), Defendant BRUCE TASSI failed to pay within the agreed upon time and Plaintiff is entitled to judgment in the amount of $10,000, less any amounts which BRUCE TASSI has paid (Defendants TASSI, INC. and BRUCE TASSI assert that $6,000 was paid on March 27, 2019, but provide no evidence of that fact and admit that the payment was late). Plaintiff is also entitled to $1,500 in attorneys’ fees, $60 in costs for the cost of the motion, and pre-judgment interest. Even though Plaintiff has not submitted facts, such as his counsel’s hourly rate or time spent in preparing the motion, supporting the $1,500 request, Defendants do not oppose the request as unreasonable, the State Bar lists Peter Liederman as having been an attorney since 1999,and based upon the Court’s judgment and experience, $1,500 in attorneys’ fees is a reasonable amount to prepare the motion. See Spencer v. Collins (1909) 156 Cal. 298, 306 (“The value of attorney’s services is a matter with which a judge must necessarily be familiar. When the court is informed of the extent and nature of such services, its own experience furnishes it with every element necessary to fix their value.”).

If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court. Plaintiff’s counsel should also include in its proposed order an updated Proposed Judgment.