Motion to enforce settlement
Case No:
Hearing Date: May 19, 2026 Calendar Number: 7 Plaintiff Builders Fence Company, Inc. moves to enforce settlement pursuant to Code of Civil Procedure (“CCP”) section 664.6. Plaintiff’s Motion is GRANTED. The Court enters judgment in favor of Plaintiff and against Defendants in the amount of $26,156.36.
Background
Plaintiff Builders Fence Company, Inc. filed a Complaint on May 20, 2025 against Defendants Socal Contracting Services, and Luis Felipe Arevalo, Jr. (“Defendants”), alleging causes of action for (1) breach of contract; (2) goods sold and delivered’ agreed price; (3) goods sold and delivered- reasonable value; (4) account stated; (5) open book account; (6) breach of written guarantee; (7) recovery on contractor’s license bond.
Plaintiff alleges it agreed to furnish fencing materials and labor and Socal Contracting agreed to pay for the materials and labor promptly and in full upon receipt of an invoice, and Arevalo guaranteed the indebtedness of Socal. Plaintiff alleges that Socal failed to pay all sums due, in a sum totaling $34,043.09.
On March 16, 2026, Plaintiff filed this motion to enforce settlement. No opposition has been filed.
Legal Standard
CCP section 664.6 provides that?[i]f parties to pending litigation stipulate, in a writing signed by the parties outside 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.” (Code Civ. Proc., § 664.6.)
Discussion
Defendants move to enforce their settlement with Defendants. They seek entry of judgment in the amount of $28,331.62 against Defendants.
On June 5, 2025, the parties executed a Stipulation for Entry of Judgment (“Stipulation”), which provides that judgment may be entered in favor of Plaintiff and against Defendants, jointly and severally, in the amount of $37,043.09, less any payments made pursuant to the Stipulation. (Diaz Decl., ¶ 12, Ex. B.)
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The Stipulation provides that a stay of enforcement is ordered through and including January 15, 2026, provided that Defendants comply with the installment payment schedule. (Ex. B, pg. 15.) The payment schedule states that Defendants would pay $2,011.49 on June 6, 2025 and also on June 13, 2025. Further, Defendants would pay $2,500 each month from July 2025- November 2025. Lastly, on December 15, 2025, Defendants would pay $23,020.11. (Id.)
Defendants made a number of payments in the total amount of $11,522.98. (Diaz Decl., ¶ 13; Exh. C.) Defendants failed to make all payments required by the Stipulation, including the final installment due on December 15, 2025. Defendants owe the principal sum of $25,520.11. (Id., ¶ 14.)
Plaintiff seeks entry of judgment against Defendants in a total amount of $28,331.62 calculated as follows: The principal amount: $37,043.09 Less payments made by Defendants to Plaintiff: $11,522.98 Prejudgment Interest: $636.25 (Wainer Decl., ¶ 5) Attorney Fees (provided for in the Credit App) (Diaz Dec., ¶ 11, Ex. A, pg. 2 under Conditions of Credit): $1,455.60 Costs: $719.66 Total: $28,331.62
Upon review of the Stipulation, it appears Defendants did not agree to pay attorney fees and costs. The Stipulation states that judgment will be entered in the amount of $37,043.09 less any payments (i.e., $11,522.98). While Defendants may have agreed to pay attorney fees in the credit application, the settlement does not include those terms, and Plaintiff seeks entry of judgment pursuant to the settlement. (See Weddington Productions, Inc. v. Flick (1998) ¿60 Cal.App.4th 793, 810 [“nothing in section 664.6 authorizes a judge to create the material terms of a settlement, as opposed to deciding what terms the parties themselves have previously agreed upon”].)
Thus, the Court will not enter judgment for the amount in attorney fees and costs. As Defendants have defaulted, Plaintiff is entitled to entry of such judgment under the Stipulation. As such, the Court grants the motion and enters judgment in the amount of $26,156.36 (principal amount less payments = $25,520.11, plus $636.25 in interest) against Defendants and in favor of Plaintiff.
Case Number: 25STCV16788 Hearing Date: May 19, 2026 Dept: 731 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES DEPARTMENT 731 TENTATIVE RULING SCOTT TURNER, Plaintiff, v. INTER-CON SECURITY SYSTEM, INC., et al. Defendants.