2015-00176459-CU-WT

Samuel Edmonds vs. Zion Security Services

Nature of Proceeding: Motion to Enforce Settlement Agreement

Filed By: Basham, Gary R.

Plaintiff Samuel Edmonds III’s unopposed motion to enforce settlement pursuant to CCP § 664.6 is granted.

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. Plaintiff’s moving papers are sufficient to show the terms of the settlement between himself and Defendant International Security Solutions, Inc. (Basham Decl. Exh. A.) Pursuant to the settlement, Defendant agreed to pay Plaintiff $20,000 as follows: (1) $8,000 on or before May 1, 2017; and (2) 12 monthly payments of $1,000 beginning on June 1, 2017 and ending on May 1, 2018. (Id.) In the event Defendant defaulted, the settlement called for Plaintiff to provide a formal notice of breach and gave Defendant 10 days to cure. In the event Defendant failed to cure, Plaintiff was permitted to file a stipulated judgment for the amount owing. (Id.) In addition the settlement provided for fees and costs incurred in enforcing the settlement. (Id., Exh. A ¶ 11.) Defendant defaulted when it failed to make the $1,000 payments due on December, 1, 2017, January 1, 2018, and February 1, 2018 and failed to cure the default. Defendant currently owes $6,000. Plaintiff has incurred $2,085 in fees and costs. (Id. ¶ 5.)

Pursuant to CCP § 664.6, “[i]f parties to pending litigation stipulate in writing signed by the parties outside the presence of the court…, for settlement of the case,…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.” (CCP § 664.6.) On a 664.6 motion the “trial court merely resolve[s] questions about the settlement.” (

Malouf Bros. v. Dixon (1991) 230 Cal.App.3d 280, 284.) The procedure under section 664.6 is a summary procedure to enforce the terms of the parties’ settlement. It is well established that a settlement agreement is a contract and the legal principles which apply to contracts generally apply to settlement contracts. The interpretation of a written instrument is a judicial function which is exercised according to general canons of interpretation so that the purposes of the instrument are to be given effect. Parsons v Bristol Development Co. (1965) 62 Cal.2d 861, 865 [“The fundamental goal of contractual interpretation is to give effect to the mutual intention of the parties. Civil Code sec. 1636. All material terms of the settlement are set forth in the agreement, and it is clear from its terms that it was intended to be a final agreement.”] As noted above, the agreement is definite.

As a result, the Court grants the motion to enter judgment pursuant to CCP § 664.6. The judgment shall be for $6,000 plus $60 in costs and $2,025 in fees. In addition, the judgment shall bear interest at the rate of 10% per annum.