16-CIV-00268 DONALD JOSEPH KENNEDY VS. MUATH “MATT” ZGHOUL, ET AL.

DONALD JOSEPH KENNEDY MUATH “MATT” ZGHOUL
CARY KLETTER EDWARD C. SINGER

MOTION FOR MONEY JUDGMENT AND ATTORNEYS’ FEES BY PLAINTIFF DARRENN WALLACE, EXECUTOR OF THE ESTATE OF DONALD KENNEDY (“DARREN WALLACE, EXECUTOR”) TENTATIVE RULING:

Plaintiff’s motion to enter judgment in the amount of $33,333.64 is GRANTED pursuant to Code Civ. Proc. § 664.6. Pursuant to the parties’ “Mutual Settlement Agreement and Release of All Claims,” Plaintiff appears to be entitled to a judgment in the amount of $50,000.00. Plaintiff, however, seeks only $33,333.64.

Defendants contend their performance under the agreement is excused because Plaintiff materially breached the settlement agreement as a result of the fact that “Plaintiff’s fiduciary simply had Plaintiff rubber stamp [the declaration identified in the agreement], which Plaintiff neither read for understood.” [Opposition, p.5] The court, however, has previously decided this issue. As set forth in the 10/18/17 order enforcing the parties’ settlement agreement, “The Court concludes that Plaintiff signed the declaration, but subsequently denied doing so. Plaintiff signed the declaration, the Court finds that Plaintiff performed his obligation under paragraph 6. Defendants’ performance is not excused.” Defendants have provided no grounds for revisiting this determination.

Plaintiff requests an award of attorney’s fees. Plaintiff, however, has not identified any provision of the settlement agreement providing for attorney’s fees. Accordingly, the request for attorney’s fees is DENIED.

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.