Motion: Plaintiff’s Motion to Enforce Settlement Agreement
Tentative Ruling:
To grant judgment in the principal amount of $27,249.99, with prejudgment interest in the amount of $2,592.11, attorney fees in the amount of $1,780.00, and costs in the amount of $60.00, for a total of $31,682.10.
However, the court will not sign the proposed judgment prepared by plaintiff, as it has unnecessary and potentially confusing language and exhibits. Counsel is directed to submit a new form of judgment pursuant to the terms in the paragraph above. No exhibits are needed. The court recommends that counsel simply use the Judicial Council form of Judgment.
Explanation:
In pertinent part, Code of Civil Procedure Section 664.6 provides as follows: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court . . .for settlement of the case . . . the court, upon motion, may enter judgment pursuant to the terms of the settlement.”
Here, the parties hav
Hearing Date
October 12, 2016
Type
06 Unlimited - Breach of Contract/Warranty
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Motion: Plaintiff’s Motion to Enforce Settlement Agreement
Tentative Ruling:
To grant judgment in the principal amount of $27,249.99, with prejudgment interest in the amount of $2,592.11, attorney fees in the amount of $1,780.00, and costs in the amount of $60.00, for a total of $31,682.10.
However, the court will not sign the proposed judgment prepared by plaintiff, as it has unnecessary and potentially confusing language and exhibits. Counsel is directed to submit a new form of judgment pursuant to the terms in the paragraph above. No exhibits are needed. The court recommends that counsel simply use the Judicial Council form of Judgment.
Explanation:
In pertinent part, Code of Civil Procedure Section 664.6 provides as follows: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court . . .for settlement of the case . . . the court, upon motion, may enter judgment pursuant to the terms of the settlement.”
Here, the parties hav