17-CIV-05489 CHARLES GRACIE JIUJITSU ASSOCIATION, INC. VS. CARLOS ZAPATA, ET AL.

CHARLES GRACIE JIUJITSU ASSOCIATION, INC. CARLOS ZAPATA
DEAN E. JOHNSON ANDREAS A. MITTRY

MOTION TO ENFORCE SETTLEMENT BY CHARLES GRACIE JIUJITSU ASSOCIATION, INC. TENTATIVE RULING:

The Motion of Plaintiff Charles Gracie JiuJitsu Association, Inc. (“Plaintiff”) to Enforce Settlement is GRANTED.

Pursuant to the settlement entered into by the parties, the Court retains jurisdiction to enforce the settlement under Code of Civil Procedure section 664.6. (See Johnson Decl., Exh. A.)

Defendant Carlos Zapata (“Defendant”) does not oppose entry of judgment pursuant to the terms of the settlement. (See Defendant’s Decl. ¶8.) Furthermore, Defendant does not address Plaintiff’s contention that he failed to make payment as required by the settlement. (See Defendant’s Decl.)

Defendant disputes, though, whether the provision regarding withdrawal of disparaging comments on the Internet (“provision”) may be enforced and whether his Yelp review of Plaintiff’s business is disparaging. A settlement is enforceable under section 664.6 if the parties agreed to all material settlement terms. (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.) The Court, in ruling on the motion under section 664.6, may consider the parties’ declarations and other evidence in deciding to what terms the parties agreed. (Id.) If the Court finds that the parties entered into an enforceable settlement, the motion should be granted and a judgment entered pursuant to the terms of the settlement. (Id.) Here, Defendant fails to provide any evidence that he did not agree to this provision. The provision also is not vague and ambiguous. Defendant further has not presented any authority to support that this provision is unenforceable. Moreover, the Court finds that Defendant’s Yelp review is disparaging (see Johnson Decl., Exh. D) and, therefore, is required to be withdrawn under the settlement.

Judgment is to be entered pursuant to the terms of the settlement. Plaintiff is to prepare, circulate and then submit the proposed Judgment directly to Judge Greenberg in Department 3.

Plaintiff’s request for attorney’s fees and costs are GRANTED IN PART in the amount of $2,900.00, payable by Defendant on or before October 11, 2018. The settlement provides that the prevailing party on a motion brought under C.C.P. section 664.6 is entitled to statutory costs and reasonable attorney’s fees. (See Johnson Decl., Exh. A.)