AIR ASSIGNMENT, LLC VS. MICHAEL SCHAECHER

Set for Law and Motion/Discovery Calendar on Thursday, July 10, 2025, Line 3. PLAINTIFF AIR ASSIGNMENT, LLC.'s MOTION TO ENFORCE SETTLEMENT.

Plaintiff Air Assignment, LLC's motion to enforce settlement is denied. Although the motion is unopposed, the moving papers fail to provide sufficient competent evidence to warrant granting of the motion. The sole factual support for the contention that defendant Michael Schaecher breached the settlement agreement is one sentence in an attorney declaration. That declaration provides no foundation how the declarant has knowledge of the asserted breach. This is particularly problematic since the settlement agreement does not provide that the attorney is involved in the receipt of the settlement payments. Moreover, the motion papers do not adequately support the requests for liquidated damages, attorney's fees or sanctions.

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.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

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