Motion to Enforce Settlement Agreement
CASE NUMBER: 24CV-0204149 Tentative Ruling on Motion to Enforce Settlement Agreement: Defendants C&K Residential Homes, LLC and Chaylene Victorine move for an order enforcing the Settlement Agreement and Release entered into by the parties and directing the Court to enter judgment of dismissal with prejudice as to all causes of action. The motion was properly noticed and is unopposed.
Merits: CCP § 664.6(a) provides that 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. Here, the parties stipulated in a writing signed by the parties to settle this case for $21,000. Plaintiff agreed to file a dismissal of this action with prejudice, with all sides to bear their own attorney fees and costs, within five days of receipt of the settlement funds.
The Court finds that the Settlement Agreement is valid and enforceable. The Settlement Agreement provides for enforcement under CCP § 664.6. Defendant has performed under the Agreement by paying $21,000. Plaintiff has failed to perform (despite an unsuccessful attempt to do so) by failing to timely dismiss the matter with prejudice. The matter remains pending before this court has not been dismissed. Plaintiff has failed to attend several status review hearings and has not responded to an Order to Show Cause.
The Motion is GRANTED. The entire action of all parties and all causes of action is DISMISSED with prejudice. The clerk is directed to vacate all future dates and close the file.
ANGELL-MURRAY, ET AL. VS. C&K RESIDENTIAL HOMES LLC, ET AL. CASE NUMBER: 24CV-0204149 Tentative Ruling on Order to Show Cause Re: Sanctions: An Order to Show Cause Re: Sanctions (“OSC”) issued on June 24, 2026, to Plaintiffs, for failure to timely seek default and failure to timely prosecute. No response to the OSC has been filed. However, the Court notes that due to a clerical error, this OSC was issued on erroneous grounds. This matter has settled and the Court intended to issue an OSC re Dismissal. The OSC re Sanctions is DISCHARGED. Sanctions will not be imposed.
CAVALRY SPV I, LLC VS. THOMAS
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