APPLE VALLEY COMMUNICATIONS, INC. v. SUN-UP VENTURE, INC., et al.

executed a formalized settlement in writing that would be subject to Code of Civil Procedure section 664.6 because " section 664.6 ... expressly requires the writing to be signed by the 'parties.'" (Harris v. Rudin, Richman & Appel (199 9) 74 Cal.App.4th 299, 305.)

Although the agreement was in its final steps, the presented evidence demonstrates that only Ascot signed the settlement agreement. Without Blackbird's signature, the parties do not have a valid written settlement under Code of Civil Procedure section 664.6.

The parties also do not have an oral settlement agreement, because there is no argument or evidence to suggest they orally stipulated in front of the Court. (See Conservatorship of McElroy (2002) 104 Cal.App.4th 536, 551 ["Unambiguous assent, expressed orally, is required in order to 'minimize[] the possibility of conflicting interpretations of the settlement. [Citations.]'"].)

In response, Ascot avers that "[m]onths after negotiations had concluded and for an alleged 'condition' that was not in the settlement agreement, Defendant tried to repudiate the agreement. (Kiernan Decl. para. 19 and Ex. L) C.C.P. Section 664.6 is not intended to shield such conduct. The record conclusively establishes mutual assent to the terms, finality, and enforceability, of the settlement agreement." (Reply, 2:2-5.)

However, the law is clear that the settlement agreement must be signed and executed on paper or stipulated to in a judicial proceeding. Ascot does not demonstrate that this occurred. Thus, based on the foregoing declarations and evidence, the parties did not enter into an enforceable written or oral settlement agreement under Code of Civil Procedure section 664.6.

Conclusion

Based on the foregoing, Ascot's motion to enforce settlement is DENIED. Ascot is ordered to provide notice of this Order. DATED: May 20, 2026 _____________________________ Hon. Teresa A. Beaudet Judge, Los Angeles Superior Court

Superior Court of California County of Los Angeles Department 508 Apple Valley COMMUNICATIONS, INC., Plaintiff, vs. SUN-UP VENTURE, INC., et al., Defendants.

| Case No.: |

| Hearing Date: | May 20, 2026 | Hearing Time: | 10:00 a.m. | [TENTATIVE] ORDER RE: MOTION TO BE RELIEVED AS COUNSEL |

Thomas A. Turner, Jr. and John T. Cavan (jointly, "Counsel") move to be relieved as counsel for Defendant Sun Up Venture, Inc. ("Defendant").

The Court notes a few defects with Counsel's motion. First, Counsel's notice of motion (MC-051 form) lists the hearing date as October 10, 2026. However, the hearing date is May 20, 2026. The incorrect hearing date does not provide proper notice to the parties.

Second, Counsel's Order (MC-053 form) does not fill out items 5 and 6. Counsel must provide a telephone number and address for Defendant.

Third, Counsel does not list the additional scheduled hearings and proceedings under item 5 of the declaration in support (MC-052 form).

Accordingly, the motion to be relieved as counsel is DENIED without prejudice. Counsel is ordered to give notice of this Order. DATED: May 20, 2026 ______________________________ Hon. Teresa A. Beaudet Judge, Los Angeles Superior Court Case Number: 24STCV29503 Hearing Date: May 20, 2026 Dept: 508 Superior Court of California County of Los Angeles Department 508 JAMES BAILEY, Plaintiff, vs.