Theodore J. Newton vs. Antionette Lopez-Coles
Nature of Proceeding:
Filed By:
Motion to Enforce Settlement
Lopez-Coles, Antoinette

Self-represented Defendant’s Motion for Enforcement of Settlement Pursuant to C.C.P., sec. 664.6 is unopposed and is GRANTED.

The self-represented plaintiff Newton entered into a stipulated settlement with self-represented defendant Lopez-Coles on Oct. 23, 2013 before Judge Loncke. By the terms of that agreement, the Court retained jurisdiction to enforce the settlement.

The Court observes that the law favors settlements. Bush v Superior Court (1992) 120 Cal.App.4th 1374, 1382. To take advantage of the summary procedure set forth in Section 664.6, case law has established certain requirements. First, in order to have an enforceable agreement pursuant to Section 664.6, the material terms of the settlement must be explicitly defined.

In re Marriage of Assemi, (1994) 7 Cal. 4th 896, 911.

The Court finds that the instant settlement agreement contains all material terms necessary to a final settlement. The terms are sufficiently definite to enable the Court to give them an exact meaning. (See Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 811; Weil & Brown, Civil Procedure Before Trial, section 12.955.5.)

Thus, here, Defendant Lopez-Coles agreed to pay $25,000 to defendant from the proceeds of an equity loan on the real property currently being processed by Bank of America. Newton agreed to cooperate in the process by signing and delivering to the Bank any required signatures to release his interest in the property to obtain the loan.Defendant declares that on Nov. 8, 2013 she went to the bank with the plaintiff. All plaintiff had to do was sign the documents at the bank to receive $25,000. Instead, plaintiff refused to sign, refused to accept the payment, stating that accepting the offer might affect his Social Security. As the result of this defendant has not been able to transfer the home she lives in into her own name.

The Court therefore orders that plaintiff accept the $25,000 and transfer the property to defendant not later than Friday, Jan. 31, 2014.

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