PARK vs HELMAND, et al.

24CV096178: PARK vs HELMAND, et al. 08/06/2026 Hearing on Motion to Enforce Settlement filed by Paul Park (Plaintiff) CRS# 679569063413 in Department 17

Tentative Ruling - 08/04/2026 Chad A. Stegeman

The Motion to Enforce Settlement filed by Paul Park on 07/13/2026 is Denied.

The Motion of Plaintiff Paul Park (“Plaintiff”) to Enforce Settlement as to Defendant Farooq Helmand (“Defendant”) is Denied.

There is no dispute that Defendant breached the February 5, 2026 Settlement Agreement by falling to adhere to the agreed-upon payment schedule. (Derania Decl, ¶¶ 10, Ex. 4.) Rather Defendant claims that Plaintiff waived any right to challenge the timeliness of payment by way of an email exchange between counsel following the settlement.

Ultimately, the issue is whether any modifications were made after the settlement and whether there was a meeting of the minds. In the February 5, 2026 Agreement, the parties agreed to two lump sum payments, one by May 1, 2026 for $100,000 and the second by June 30, 2026 for $250,000. On May 1, 2026, counsel had an email exchange in which Defendant sought a schedule modification to make both payments – to June 1, 2026 and August 31, 2026 respectively – to which Plaintiff’s counsel responded the same day noting that he would consult his client. (Derania Decl., Ex. 1.)

Thereafter, there are emails between counsel between May 28, 2026 through June 9, 2026 referencing logistical details such as wire instructions, which were not incorporated into the settlement agreement. (Ibid.) This demonstrates modification of the agreement, despite Plaintiff’s argument that Plaintiff did not sign “any writing” to modify the Agreement; Plaintiff’s counsel’s emails to Defendant had email signatures. (MPA, p. 5:26-27.) Nor is consideration needed for a written modification. (Civ.

Code § 1698(a), (c).) Accordingly, Plaintiff’s Motion is DENIED in its entirety.

If a party does not timely contest the foregoing Tentative Ruling and appear at the hearing, the Tentative Ruling will become the order of the court.

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