Plaintiff’s Amended Notice of Motion and Motion to Enforce Settlement
JUNE 1, 2026 LAW AND MOTION CALENDAR PAGE 4 JUDGE: HONORABLE DAVID A. SILBERMAN, DEPARTMENT 11 ________________________________________________________________________
02:00 PM LINE 2 22-CIV-02058 SINGER ASSOCIATES, INC. VS. Z&L PROPERTIES, INC.
SINGER ASSOCIATES, INC. WALLACE C. DOOLITTLE Z&L PROPERTIES, INC. DARIUS T CHAN
Plaintiff’s Amended Notice of Motion and Motion to Enforce Settlement
TENTATIVE RULING:
Plaintiff Singer Associates, Inc.’s unopposed motion to enforce the settlement agreement with Defendant Z&L Properties, Inc., entered April 9, 2025, is GRANTED.
Judgment in the amount of $36,000, plus interest of $3,352.40 and attorney’s fees of $3,000 SHALL BE ENTERED. The Court does not order ongoing interest charges.
Initially, the Court notes that plaintiff understandably provided the incorrect address for the hearing because the matter was subsequently reassigned to the Honorable David A. Silberman, Department 11, effective May 11, 2026. Department 11 is not located in South San Francisco as the notice states, but instead at the Central Courthouse, 800 North Humboldt Street, San Mateo, CA 94401. See Cal. Rules of Court, rule 3.1110 (the Notice “must specify” the location of the hearing). However, there is no prejudice here.
Background
The underlying action arises from a dispute over unpaid public relations services Plaintiffs performed for defendants. Declaration of Wallace C. Doolittle ¶¶ 3, 5. On April 9, 2025, the parties attended mediation and agreed on a settlement amount of $36,000 payable by installment. Doolittle Decl. ¶ 6, see also Doolittle Decl. Ex. 1, ¶ 1. Pursuant to the terms of the settlement agreement the Court retained jurisdiction over the agreement pursuant to Code of Civil Procedure, section 664.6. Doolittle Decl. ¶ 7. Defendant did not make any payments. Doolittle Decl. ¶ 6.
Plaintiff filed the instant motion requesting the Court enforce the terms of the settlement and enter judgement in the principal amount of $36,000 plus interest of $3,352.40, daily interest of $9.86 from April 15, 2026 (date of motion’s filing) through date of entry of judgment, attorneys’ fees of $3,000 and 10 percent interest on the judgment from the date of entry forward. The motion is unopposed.
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Discussion
Under Code of Civil Procedure section 664.6, a party may make a motion for entry of judgment pursuant to the terms of stipulation for settlement in a writing signed by the parties outside the presence of the court. Id.; Corkland v. Boscoe (1984) 156 Cal.App.3d 989, 991 (holding that if parties to pending litigation stipulate in writing to a settlement of all or a part of the case and the trial court upon the motion of a party may enter judgment pursuant to the terms of the settlement.). A trial court acting upon a motion under section 664.6 may determine the motion upon declarations alone. Id. at 994.
JUNE 1, 2026 LAW AND MOTION CALENDAR PAGE 5 JUDGE: HONORABLE DAVID A. SILBERMAN, DEPARTMENT 11 ________________________________________________________________________ The Court’s review of the declaration submitted by plaintiff’s counsel supports a finding that defendant breached the terms of the settlement agreement by non-compliance with payment terms. Doolittle Decl. ¶ 6. Additionally, notice was properly afforded to defendant and counsel because plaintiff’s counsel submitted a notice of default and intent to seek entry of judgment on January 2, 2026, via email to defense counsel. Doolittle Decl. Ex.
2.
Defendant has not responded and opposed this motion. Accordingly, plaintiff’s motion to enforce the settlement terms is GRANTED. Code Civ. Proc. § 664.6.
Any party who contests a tentative ruling must email Dept11@sanmateocourt.org with a copy to all other parties by 4:00 p.m. stating, without argument, the portion(s) of the tentative ruling that the party contests.
If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, plaintiff’s counsel shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, Rule 3.1312 and Local Rule 3.403(b)(iv), and provide written notice of the ruling to all parties who have appeared in this action. The order should be e-filed only, do not email or mail a hard copy to the court.