Contreras vs. Ace Restoration & Construction, Inc.

10. Rarz Yaron v. Sierra S. Conley 2026-01546480 CONTINUED TO DECEMBER 10,2026, at request of moving party.

11. Contreras vs. Ace Restoration & Construction, Inc. 2022-01247671 Before the court is the motion of plaintiff Carla Contreras (Plaintiff) to enforce settlement agreement pursuant to Code of Civil Procedure section 664.6.

Specifically, Plaintiff seeks an order enforcing the settlement agreement entered into between Plaintiff and defendants Ace Restoration & Construction, Inc., Cheree Nichelle Fay, and Shelby Lynn Cordova (collectively, Defendants) by entering judgment against Defendants and compelling them to execute valid and properly notarized documents including the required Deed of Trust, appointing an elisor to execute such documents if Defendants fail to comply, and awarding attorney fees and costs against Defendants.

As more fully set forth below, the motion is GRANTED.

During 2024 when the parties’ entered into the settlement agreement and Plaintiff dismissed this action, Code of Civil Procedure section 664.6, subdivision (a), stated, “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 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.”

Here, Plaintiff has shown the parties entered into the settlement agreement and agreed it would be enforceable pursuant to section 664.6. Moreover, the parties stipulated and the court agreed to retain jurisdiction to enforce the agreement.

Plaintiff also has shown Defendants breached the settlement agreement. Defendants have not filed any opposition to this motion. The court therefore finds Plaintiff satisfied the requirements of section 664.6 and Defendants breached the agreement warranting this motion to enforce the settlement.

Based on the foregoing, the motion is GRANTED and the court will enter judgment against Defendants based on the parties’ settlement agreement. Plaintiff’s counsel is ordered to submit a proposed judgment for the court’s signature.

Notwithstanding the foregoing, Plaintiff’s request for an award of attorney fees and costs is DENIED WITHOUT PREJUDICE. Although the parties’ settlement agreement authorizes an award of attorney fees for enforcing its terms, the motion does not request any specific amount of attorney fees or costs nor does it provide any evidence to support an award in any particular amount, such as a declaration describing the work performed and hourly rates or billing statements.

Plaintiff’s counsel is ordered to give notice of this ruling.

12. Signature Collection Properties, LLC vs. Academy West Investments, LLC 2021-01206266 CONTINUED to October 1, 2026, as stated in the court’s August 17, 2026 Minute Order.

13. Hucek vs. FCA US, LLC 2020-01147584 CONTINUED to October 1, 2026, as stated in the court’s August 17, 2026 Minute Order.

14. Halabi vs. BMW of North America, LLC 2025-01454261 CONTINUED to October 1, 2026, as stated in the court’s August 17, 2026 Minute Order.

15. Igor Olenicoff as Trustee of the Olenicoff Personal Residence Trust vs. Emerald Bay Community Association 2024-01448014 Before the court is the motion of defendants Charles Kinstler, Jr. and Lynda Kinstler as Trustees of the Kinstler Living Trust dated 9/6/1991 (collectively, Defendants) for an award of attorney fees.

Initially, the court notes plaintiff Igor Olenicoff as Trustee of the Olenicoff Personal Residence Trust (Plaintiff) filed two versions of both his opposition to the motion and the declaration in support thereof. He filed a public version with redactions, and he purported to lodge an unredacted version of each document conditionally under seal pursuant to California Rules of Court 2.551(b)(3).

No documents may be filed under seal without a court order. (Cal. Rules Ct., rule 2.551(a).) In general, any party seeking to file a document under seal must make a motion or application to seal the document. However, when the document sought to be sealed is subject to a protective order or confidentiality agreement, a party may conditionally lodge a document and put the onus on any other party who may want the document sealed to seek a