Kinecta Federal Credit Union v. Fernando Ponce

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. (Code Civ. Proc., Sec. 664.6, subd. (a).) "Parties" include "an attorney who represents the party" and an insurer's agent. (Code Civ. Proc., Sec. 664.6, subd. (b).) The settlement must include the signatures of the parties seeking to enforce the agreement, and against whom enforcement is sought. (J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 Cal.App.4th 974, 985.)

The settlement agreement complies with the statutory requirements set forth above because it was signed by both parties. (Motion, Hernandez Decl., Exh. 1, p. 3.) The settlement provides that Defendant would pay Plaintiff $5,000.00 in four installment payments starting on April 17, 2026. (Id. at Exh. 1, P.1.) Defendant made the first payment of $1,000.00, but thereafter defaulted. (Id. at P.4 and Exh. 2.) Plaintiff moves for a judgment in the amount of $4,000.00, plus reasonable attorney's fees and costs in the amount of $1,873.65. (Motion, p. 3:23-25.)

In light of Defendant's default, Plaintiff is entitled to a judgment of $4,000.00 principal. The settlement also specifically provides for an award of reasonable attorney's fees and costs on a motion to enforce the agreement. (Id. at Exh. 1, P.10.) The Court finds the amount of attorney's fees sought unreasonable given that the instant action is a straightforward collections case, the Motion is unopposed, and Plaintiff's counsel can appear for the hearing remotely. (Id. at P.7.) Nor does the supporting declaration demonstrate that $600.00 is a reasonable hourly rate for the work performed. (Id. at P.6.) Attorney's fees are awarded at an hourly rate of $400.00 for 2.5 hours of time, in the amount of $1,000.00. Costs of $73.65 are also awarded.

Conclusion

Plaintiff Creditors Adjustment Bureau, Inc.'s Motion to Enforce Settlement is granted. Judgment is to be entered in Plaintiff's favor and against Defendant ERLA Construction in the amount of $4,000.00 principal, $1,000.00 attorney's fees, and $73.65 costs. Plaintiff is to file and serve a proposed judgment in accordance with this ruling within 20 days. Moving party to give notice.

Plaintiff Kinecta Federal Credit Union's Motion for Attorney's Fees is denied.

Analysis: Plaintiff Kinecta Federal Credit Union ("Plaintiff") brought this action for breach of contract against Defendant Fernando Ponce ("Defendant") on September 24, 2024. Defendant filed an Answer on November 14, 2024. The action came for trial on March 24, 2026, at which time the Court found in favor of Plaintiff. (Minute Order 03/24/26.)

Two days later, Plaintiff filed a Memorandum of Costs. On April 10, 2026, the Court entered judgment and gave notice to both parties. Plaintiff filed the instant Motion for Attorney's Fees on April 22, 2026. Defendant filed an opposition on June 24, 2026, and Plaintiff replied on June 26, 2026. The Motion initially came for hearing on July 9, 2026, at which time the Court ruled that it could not determine the lodestar from the evidence provided and continued the matter. (Minute Order, 07/09/26, pp. 3-4.)

The Court ordered Plaintiff to file and serve a supplemental declaration that provides evidence in support of the lodestar for the attorney's fees award by July 30, 2026, and allowed Defendant to file and serve a supplemental opposition by August 13, 2026. (Ibid.) To date, however, no supplemental papers have been filed by either party. Therefore, the Motion for Attorney's Fees is denied.

Case Number: 26STCP01609 Hearing Date: August 27, 2026 Dept: 26 TENTATIVE RULING: Petitioner Zaruhi Khachatryan's Petition for Case Number is Placed Off Calendar as Moot. The Petition asks the Court to issue a case number in connection with Petitioner's counsel's motion to be relieved as counsel in an uninsured motorist proceeding. (Pet., p. 2:1-9.) However, it is not necessary to hold a hearing to obtain the relief sought; a case number was assigned automatically upon Petitioner filing the instant Petition. Status Conference re: Arbitration is scheduled for 01/28/2027 at 09:30 AM in Department 26 at Spring Street Courthouse. Moving party to give notice. | Home -->)" -->