Fresno Oxygen and Welding Suppliers, Inc. v. The Body Building, Inc.

(36) Tentative Ruling

Re: Fresno Oxygen and Welding Suppliers, Inc. v. The Body Building, Inc. Superior Court Case No. 24CECG02709

Hearing Date: August 5, 2026 (Dept. 403)

Motion: by Plaintiff to Enforce Settlement

Tentative Ruling:

To grant the motion to enforce settlement. To grant attorney fees for the enforcement of the settlement agreement in the total amount of $1,400. (Code Civ. Proc., § 664.6.) Plaintiff shall submit a proposed judgment consistent with the court’s order within 10 days of service of the minute order.

If oral argument is timely requested, it will be entertained on Thursday, August 6, 2026, at 3:30 p.m. in Department 403.

Explanation:

Code of Civil Procedure, section 664.6 provides in relevant part:

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.

(Code Civ. Proc., § 664.6, subd. (a).)

Here, the parties have a writing, signed by them outside the presence of the court—the Settlement Agreement. The writing reflects that this court would retain jurisdiction under section 664.6 to enforce the writing. (Barnes Decl., ¶ 4e, and Ex. 1 thereto.) Though a Notice of Conditional Settlement was filed, the matter remains open and has not been dismissed.

The agreement contemplated the settlement of the action for the amount of $7,500 with payments of $2,500 to be made on the 5th of January, February, and March 2026. (Barnes Decl., Ex. 1.) Plaintiff acknowledges that partial performance occurred as to the agreement. Defendant made one payment of $2,500 pursuant to the agreement on January 5, 2026, and has not made payments since. (Ibid.) The court calculates the remaining balance to be $5,000. Plaintiff has presented evidence of defendant’s noncompliance with the terms of the agreement. (Barnes Decl., ¶¶ 5-6.) No opposition was filed.

Based on the above, the court finds a valid written signed settlement agreement outside of the presence of the court, and judgment will be entered in accordance with the terms of the written settlement agreement.

Pursuant to paragraph nine of the agreement, plaintiff is entitled to attorney fees incurred in bringing this motion to enforce the settlement agreement. The court intends to grant the request for $1,400 for 3.5 hours of work billed at Mr. Slater’s rate of $400 per hour. Additional fees may be awarded if a hearing is necessary.

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling

Issued By: SMC on August 4, 2026. (Judge’s initials) (Date)

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