2016-00190427-CU-FR

Tonnette Hammonds vs. Zenith Endeavors

Nature of Proceeding: Motion to Enforce Settlement

Filed By: Falcone, James J.

Defendants Garth Buckle and Zenith Endeavors, LLC’s unopposed motion for an order enforcing settlement agreement is granted.

This matter was placed on the today’s calendar after the Court granted Defendants’ ex parte application for an OST on February 28, 2018. Plaintiff’s opposition was due by March 8, 2018. No opposition was received by the Court.

While Defendants do not expressly cite to CCP § 664.6, they are seeking to enforce a settlement. CCP § 664.6 allows the Court upon motion to enter judgment pursuant to the terms of a settlement where the parties stipulated to the settlement.

In this action regarding the ownership of a house, Defendants seek to enforce a settlement agreement between themselves and Plaintiff Tonnette Hammonds at the MSC. Plaintiff alleged that she had numerous deeds on the property and that Defendants fraudulently convinced her to convey title to her property to them based on promises that they could help her with her liens. She alleged that they represented that they would eventually sell the property back to her and she would never have to move. She alleged that she transferred title to Defendant Zenith Endeavors in April 2015 when she executed a quitclaim deed.

Pursuant to the settlement, Plaintiff was allowed to remain in the house through March 10, 2018, but she was required to cooperate by signing documents and allowing inspection. The settlement provides that the parties agreed that the Court retained jurisdiction before and after dismissal to enforce the agreement pursuant to CCP §

664.6. The action has not been dismissed.

There are numerous judgment liens against the property which Defendants are trying to clear. The deed from Plaintiff to Defendant Zenith Endeavors was uninsured and the lender and title insure are requiring that she sign an Affidavit of Uninsured Deed before a notary. Defendants arranged for a notary to go to Plaintiff’s house but she refused to sign the Affidavit. Defendants now seek an order compelling Plaintiff to sign the Affidavit before a notary.

The settlement expressly provides that “Plaintiff shall sign any document reasonably required by a title company to insure clear title to the Premises.” (Bu ckle Decl. ¶ 4 Exh. A at p. 2 §2(C) [emphasis added].) Plaintiff however has refused to sign the Affidavit required by Defendants title insurer.

The motion is granted. Plaintiff is ordered to sign the Affidavit of Uninsured Deed before a notary as expressly required by the Settlement Agreement. Defendants shall bear the expense for the notary.