Case Number: TC028249 Hearing Date: January 08, 2019 Dept: A

# 5. Andres Mederos, et al. v. Simon Mederos

Case No.: TC028249

Matter on calendar for: motion to enforce settlement agreement

Tentative ruling:

I. Background

On December 21, 2016, the Court appointed Paul Carter as referee to determine the ownership and value of a property. On February 16, 2018, the parties stipulated to appointing Mr. Carter as discovery referee. On April 9, 2018, the parties entered into a settlement agreement. Under the agreement, all parties were to bear their own attorney’s fees and costs.

Plaintiffs Andres Mederos and Salomon Mederos each made payments of $3,609.09 to the referee. Defendant Simon Mederos has not done so. $3,609.09 in referee fees remains outstanding.

This case was dismissed pursuant to Code of Civil Procedure § 664.6 on September 7, 2018. Counsel for defendant filed a substitution of attorney on October 10, 2018. Simon Mederos is now self-represented.

Mr. Carter now moves to enforce the settlement agreement to obtain the outstanding $3,609.09.

For the reasons set forth below, the Court grants the motion.

II. Standard

Code of Civil Procedure § 664.6 “explicitly provides statutory authorization for the entry of judgment upon a stipulated settlement by means of a noticed motion.” (Casa de Valley View Owner’s Assn. v. Stevenson (1985) 167 Cal. App. 3d 1182, 1189.) The Court may determine the motion upon declarations alone in ruling. (Corkland v. Boscoe (1984) 156 Cal. App. 3rd 989, 994) Where the settlement is ambiguous, the Court is required to consider extrinsic evidence of the parties’ intent. (Steller v. Sears, Roebuck & Co. (2010) 189 Cal. App. 4th 175, 183).

Code of Civil Procedure § 664.6 authorizes the recovery of reasonable attorney fees and costs based on a party’s breach of a settlement agreement.

III. Analysis

The documents submitted establish that Mr. Carter is entitled to the fees requested. Simon Mederos has failed to pay his share of the fees.

IV. Ruling

The motion is granted. Defendant Simon Mederos is ORDERED to pay to the referee the sum of $3,609.09.