Case Number: KC063458 Hearing Date: June 12, 2014 Dept: J

Re: Mohammad H. Kamyab, etc. v. Rafael Davila Madrigal, etc. (KC063458)

MOTION TO ENFORCE SETTLEMENT

Moving Party: Plaintiff Mohammad H. Kamyab, etc.

Respondent: No opposition filed

POS: Moving OK

In this action for breach of contract, the Complaint was filed on 3/27/12. The case settled at the Case Management Conference and was entered on the record in open court on 8/14/12. The court dismissed the action and expressly retained jurisdiction pursuant to CCP §664.6 to enforce the settlement agreement.

Plaintiff Mohammad H. Kamyab dba Law Offices of Mohammad H. Kamyab aka Kamyab Law Firm (collectively “Plaintiff”) moves pursuant to CCP § 664.6 for an order enforcing the oral settlement agreed to before the court.

CCP Section 664.6 provides, “[i]f 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.” The agreement must be sufficiently definite to enable courts to give it an exact meaning. If an essential element is reserved for future agreement, it is not sufficiently definite. (See Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810-812.)

In this case, the terms of the settlement obligated Defendant to pay $25,000; with that sum to be paid $400 per month on the first of each month, commencing September 1, 2012; each payment could be late up to the fifth day of each month; and if Defendant misses three payments, or is late more than five days on three payments, Plaintiff shall obtain a judgment for $50,000 via an ex parte application, less the credit for the payments made. Plaintiff claims that Defendant was late every month, mostly by more than five days, but missed the August 2013 payment, and stopped all payments after September 2013. Plaintiff claims that Defendant has paid a total of $4,800.00 credited toward the $50,000, leaving a balance due of $45,200.00, which shall be the amount of the judgment.

The motion is granted. Plaintiff to submit a proposed judgment and is to give notice.