Motion to Enforce Settlement as Judgment
appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator. When a petition is made to the court to appoint a neutral arbitrator, the court shall nominate five persons from lists of persons supplied jointly by the parties to the arbitration or obtained from a governmental agency concerned with arbitration or private disinterested association concerned with arbitration. The parties to the agreement who seek arbitration and against whom arbitration is sought may within five days of receipt of notice of the nominees from the court jointly select the arbitrator whether or not the arbitrator is among the nominees. If the parties fail to select an arbitrator within the five-day period, the court shall appoint the arbitrator from the nominees." (Code Civ. Proc Sec. 1281.6.)
As such, the Court will keep in place a portion of the proposed order that states: "2. Petitioner MICHAEL PAUL OREY and Respondent NONPROFITS INSURANCE ALLIANCE are hereby ordered to choose an arbitrator within (10) days from the hearing on this Petition."
However, the Court will strike the following from the proposed order: "3. If Petitioner MICHAEL PAUL OREY and Respondent NONPROFITS INSURANCE ALLIANCE do not agree upon an arbitrator within (10) ten days from the hearing on this Motion, an arbitrator will be appointed by the Court."
The Court will order instead of the above: "3. If Petitioner MICHAEL PAUL OREY and Respondent NONPROFITS INSURANCE ALLIANCE do not agree upon an arbitrator within (10) ten days from the hearing on this Motion, the parties are ordered to jointly supply a list of arbitrators so that the Court may nominate five from that list pursuant to Code of Civil Procedure section 1281.6."
Therefore, the Court will set a status conference for July 21, 2026, 8:30 am, Dept. 19, as to the mutual selection of the arbitrator or, alternatively, the joint filing of a list from which the Court will nominate five therefrom.
If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order.
Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings.
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Facts
In this common counts and breach of contract action, Plaintiff filed a notice of conditional settlement on November 26, 2025. Defendants were served with the summons and complaint, but did not file an answer. Entry of default occurred on November 7, 2025, but no default judgment has been entered in this matter.
On or about November 24, 2025, the parties entered into a stipulation to resolve this matter for a total of $7,596.87 due as follows: $2,000.00 due on or before November 19, 2025 $2,000.00 due on or before December 20, 2025 $2,000.00 due on or before January 20, 2026 $1,596.87 due on or before February 20, 2026
In the event of default, the stipulation indicates that Plaintiff is entitled to entry of judgment for the judgment amount noted above, less any credit, plus attorneys' fees and costs incurred as to this motion. The stipulation indicates that the Court shall retain jurisdiction under Code of Civil Procedure section 664.6. However, the Court notes that this matter has not been dismissed and the Court has not lost jurisdiction over the parties and this matter. Plaintiff indicates that Defendants have made payments totaling $4,000.
Authority and Analysis
Section 664.6 (a) states: "If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, 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."
"The court's retention of jurisdiction under section 664.6 includes jurisdiction over both the parties and the case itself, that is, both personal and subject matter jurisdiction." (Lofton v. Wells Fargo Home Mortgage (2014) 230 Cal.App.4 th 1050, 1061.)
"Section 664.6 permits the trial court judge to enter judgment on a settlement agreement without the need for a new lawsuit." (Osumi v. Sutton (2007) 151 Cal.App.4 th 1355, 1360.)
As indicated above, the Court retains jurisdiction over the parties and this matter and therefore is prepared to "enter judgment pursuant to the terms of the settlement."
Defendant appears to have breached the settlement, based upon the declaration of Plaintiff's counsel and, the Court, having no opposition, grants the motion and enters judgment in the amount requested of $4,056.87, consisting of the principal amount of $7,596.87, plus attorneys' fees of $400.00, plus costs of $60.00, less $4,000 in credits for payments made.
If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order.
Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings.
Visalia Division Honorable Bret D. Hillman Presiding- Department 2 Examiner notes for probate matters calendared July 8, 2026, that allow for posting: Status: Recommended for Approval (RFA), Appearance Required or Recommended, Approval Conditional Upon, etc. Case Number | Case Name | Type | Status | Comments | VPR054053 |