2012-00126776-CU-BC

B.O.B., Inc. vs. Peoples Advocate, Inc.

Nature of Proceeding:   Motion to Enforce Settlement

Filed By:  Wayland, Gregory P.

Plaintiff’s Motion to Enforce Settlement Agreement pursuant to CCP 664.6 is
unopposed and is granted.

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. CCP§
664.6

Here, the evidence reveals the parties entered a Settlement Agreement and Mutual
Release of All Claims under California Code of Civil Procedure section 664.6,
(Declaration of Gregory P. Wayland).  Exhibit “2” to the Declaration of Wayland (the
Settlement Agreement and Mutual Release of all claims), was entered into by Plaintiff
and Defendant on August 2, 2013. The Settlement Agreement was approved as to
form by Stephen J. Beede, Attomey for Plaintiff, (Exhibit “2”, page 4). The Parties to
the Agreement both signed it. (Declaration of Gregory P. Wayland, paragraph 5) The
Court has now reviewed the settlement agreement and mutual release (which is in
writing and signed by the parties) and finds that it contains all material terms
necessary to a final settlement.  The terms are sufficiently definite to enable the Court
to give them an exact meaning.    Weddington Prods., Inc. v. Flick, (1998) 60 Cal. App.
4th 793, 811 ); Civil Code §1580; Civil Code §3390(5); Weil & Brown, Civil Procedure
Before Trial, section 12.955.5.)

The prevailing party shall prepare a formal order for the Court’s signature pursuant to
C.R.C. 3.1312.