Notice Of Motion And Motion For Enforcement Of Settlement Agreement; Specific Performance; Preliminary Injunction; Appointment Of Neutral Surveyor/Special Master; And Request For Attorney'S Fees And Costs
SF Superior Court - Real Property / Housing Dept 501 - CGC25632119 - June 16, 2026 Hearing date: June 16, 2026 Case number: CGC25632119 Case title: JACKIE FORGE VS. DON JOSE BARRELIER ET AL Case Number: | | CGC25632119 | Case Title: | | JACKIE FORGE VS. DON JOSE BARRELIER ET AL | Court Date: | | 2026-06-16 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion For Enforcement Of Settlement Agreement; Specific Performance; Preliminary Injunction; Appointment Of Neutral Surveyor/Special Master; And Request For Attorney'S Fees And Costs | Rulings: | | Real Property/Housing Court Law and Motion Calendar for June 16, 2026. Line 3.1.
PLAINTIFF JACKIE FORGE Motion For Enforcement Of Settlement Agreement; Specific Performance; Preliminary Injunction; Appointment Of Neutral Surveyor/Special Master; And Request For Attorney'S Fees And Costs is DENIED without prejudice.
When a case is dismissed and neither party asks the court to retain jurisdiction, CCP section 664.6's summary enforcement procedure is unavailable and Plaintiff's exclusive remedy is to file a new, independent lawsuit for breach of contract, which Plaintiff has done. Thus, Plaintiff's request to summarily enforce the settlement agreement is denied.
Plaintiff's request for specific performance is likewise denied as this is a remedy for Plaintiff's breach of contract claim.
Plaintiff's request for preliminary injunction is denied without prejudice. Plaintiff has not met their burden of showing the likelihood of success or irreparable harm. The Court notes that Plaintiff's briefing in the moving papers consists of bullet points and no formal discussion of authority.
Plaintiff's request for the appointment of a neutral surveyor is denied without prejudice.
Plaintiff's request for attorney's fees is denied. =(501/CFH)
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Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.
Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not notified, and the opposing party does not appear. | |
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