18-CIV-01417 ALFREDO CORTEZ VS. PERUGIA, INC., ET AL.

ALFREDO CORTEZ PERUGIA, INC.
RICHARD N. KOSS JEFFREY A. BARUH

PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT AND ENTER JUDGMENT TENTATIVE RULING:

Plaintiff’s motion to enforce settlement and enter judgment is GRANTED.

A. Principal: $21,750.00

The Settlement required $42,000.00 payable jointly and severally by Defendants Perugia, Inc. and Timothy Vine, in the form of eight monthly payments of $5,250.00. Defendants paid a total of $20,250, as of October 28, 2019. The principal amount of Judgment shall be $21,750.00.

B. Prejudgment Interest

Defendants defaulted on the $5,250 payment that was due September 1, 2019. For the September 2019 payment Defendants paid $2,500 on October 4, 2019. Plaintiff subsequently agreed to accept $1,000 per week. Defendants made two $1,000 payments. The next payment was due October 28, 2019, but Defendants made no more payments. An “Event of Default” occurs upon failure to pay any of the installments “in full when due.” (Settlement para. 3.) Defendants’ payments for September 2019 totaled only $4,500.00. Defendants failed to pay the September 2019 payment “in full.”

The Court concludes that, for purposes of calculating interest under paragraph 3 of the Settlement Agreement, October 28, 2019 is the date of the Event of Default. Interest at the rate of 10 percent per annum to begin on October 28, 2019.

C. Attorney’s Fees and Costs.

Apart from the judgment, the Court grants Plaintiff’s request for attorney’s fees and costs in the amount of $3,273.00 incurred in bringing this motion. (Settlement, para. 18.)

D. Order

Plaintiff’s motion to enforce settlement and enter judgment is granted. Judgment shall consist of the principal amount of $21,750, interest on the unpaid balance at the rate of 10% per annum, beginning October 28, 2019, and $3,273.00 in attorneys’ fees and costs. Judgment shall be against Defendants Perugia, Inc. and Timothy J. Vine jointly and severally.

Plaintiff fails to demonstrate how he is entitled in a judgment to collection costs and attorneys’ fees as reasonably necessary to enforce the judgment. His request to include them in the judgment is denied, but without prejudice to bring a motion for the collection costs if justified by the law and the facts.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, pursuant to California Rules of Court, Rule 3.1312(e), the Court will modify the submitted order consistent with this tentative and enter the proposed judgment submitted to the Court on November 15, 2019.