Motion to Enforce the Settlement and Enter Judgment against Defendant
9:00 25CV471595 Crown Asset Management, LLC Order on Defendant’s Motion to 5 v. Compel Arbitration and Stay Civil Dinesh Purbey Action
See Line 5 below for complete tentative ruling. After the hearing, the Court will prepare and file the formal order.
9:00 24CV432523 Aspire General Insurance Order on Plaintiff’s Motion to 6 Company Enforce the Settlement and Enter v. Judgment against Defendant Rashad Musayev, et al.
See Line 6 below for complete tentative ruling. After the hearing, the Court will prepare and file the formal order.
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Line 6 Case Name: Aspire General Insurance Company v. Rashad Musayev, et al.
Case No.: 24CV432523 Plaintiff Aspire General Insurance Company (“Plaintiff”) moves to enforce the settlement entered into between the parties and to enter Judgment against Defendant Rashad Musayev (“Defendant”) under Code of Civil Procedure Section 187 and 664.6 because Defendant breached the settlement agreement. Notice of Motion (the “Motion”) at 1:24-2:4 (filed: Sept. 18, 2025).
The Motion came on for hearing on May 29, 2026, at 9:00 AM in Department 16. After reviewing all the papers and the record, and giving counsel for all parties the full and fair opportunity to be heard, the Court finds and rules as follows.
On November 25, 2024, the parties settled this case by written Stipulation under which Judgment was stayed and Defendant agreed to make monthly payments to Plaintiff. Memorandum of Points and Authorities In Support of Motion (“Memo.”), Ex. A (the “Stipulation”). Under the Stipulation signed by all parties, including Defendant Musayev, the Court retained jurisdiction to enforce the terms of this settlement and to enforcement judgment under Code of Civil Procedure Section 664.6. Memo., Ex. A at ¶ 9.
The Stipulation required Defendant to make monthly payments to Plaintiff starting on December 15, 2024, until the settlement amount of $6,716.12 was paid. Memo., Ex. A at ¶¶ 2, 3. And interest began to run on August 3, 2023. Memo., Ex. A. at ¶1.
While Defendant paid $600.00 towards the settlement, Defendant then defaulted by failing to make any monthly payments required by the Stipulation after June 15, 2025. Declaration of attorney Brian P. Tapper in Support of Motion at ¶ 3.
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The Court finds that the Motion is well supported by the law, by the plain terms of the Stipulation, by the facts set forth in the supporting Declaration of attorney Tapper, and is reasonable in all respects. Moreover, Defendant has failed to oppose the Motion, which the Court construes as a concession by Defendant that the Motion is meritorious. D.I. Chadbourne, Inc. v. Super. Ct. (1964) 60 Cal.2d 723, 728, fn. 4.; see also Rule of Court 8.54(c): “A failure to oppose a motion may be deemed a consent to the granting of the motion.” CRC Rule 8.54(c).
Accordingly, by the plain terms of the Stipulation that Defendant Musayev signed and breached, the Court GRANTS the Motion and ENTERS JUDGMENT in favor of Plaintiff Aspire General Insurance Company and against Defendant
Rashad Musayev in the amount of $6,991.27.8
SO ORDERED.
Date: May 29, 2026 Hon. Vincent I. Parrett Superior Court of the State of California, County of Santa Clara
JUDGMENT JUDGMENT is entered in in favor of Plaintiff Aspire General Insurance Company and against Defendant Rashad Musayev. Specifically, IT IS ADJUDGED that Plaintiff ASPIRE GENERAL INSURANCE COMPANY recover from Defendant RASHAD MUSAYEV a Total Judgment of $6,991.27, which equals the unpaid principal sum of $6,116.12, plus interest thereon at the maximum rate permitted by law in the sum of $650.15, plus court costs of $225.00.
Date: May 29, 2026 Vincent I. Parrett Judge of the Superior Court of California, County of Santa Clara
8 That total amount of $6,991.27 is calculated under paragraphs 1, 4, and 5 of the
Stipulation as follows: $6,116.12 unpaid principal, plus $650.16 interest at the rate of 5% per annum on the unpaid principal; plus $225.00 costs for the filing and service of process.
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