AMY GUERIN ET AL VS. HYUNDAI MOTOR AMERICA ET AL

Set for Law and Motion/Discovery Calendar on Tuesday, March 10, 2026, Line 9.

Plaintiffs Amy Guerin and John Guerin's Motion And Motion To Enforce Settlement is DENIED. Plaintiffs cite no authority grounding their request for relief in their motion. The court gleans from their memorandum that Plaintiffs are relying on Code of Civil Procedure section 664.6.

Subdivision (a) of section 664.6 provides as follows: "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 the parties to the settlement agreement or their counsel stipulate in writing or orally before the court, the court may dismiss the case as to the settling parties without prejudice and retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." Subdivision (f) authorizes certain post-dismissal or post-judgment proceedings "[i]f the Court enters judgment or dismisses the case without prejudice pursuant to this section."

Here, the court has not entered judgment of any kind, let alone one "upon motion [and based on] the terms of the settlement." Nor has the court dismissed the action without prejudice, let alone entered an order "dismiss[ing] the case as to the settling parties without prejudice and retain[ing] jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." The parties' reference to section 664.6 in the settlement agreement does not alone make the agreement enforceable by motion addressed to this court.

On this record, Plaintiffs may have a breach of contract claim, but they have no immediate remedy by motion filed in this action. The court declines to exercise any asserted "inherent authority." Plaintiffs' request for fees and costs and/or sanctions is denied. This said, the court urges the parties to fulfill their duties and bring this action to a close.

Prior to the time set for hearing, Plaintiff shall lodge by email to contestdept302tr@sftc.org a proposed order containing the above text verbatim.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |