The Motion is DENIED without prejudice.
Independent Matter
This is a motion to enforce a settlement but enmeshed in the papers is a secondary request, which seeks to “enforce” or start“contempt” proceedings regarding an earlier pretrial order in the case, a July 11, 2019 order, in which the plaintiff was awarded compensatory legal fees and costs in connection with the setting aside of Defendant’s default. The legal fees are said to be unpaid, on the part of the defense counsel.
This appears to be conceptually independent matter from the settlement. A hearing was not reserved in the court to consider this independent issue, and it is not an issue that should be presented in conjunction with some other motion. Therefore, the matter is DENIED without prejudice.
The movant should also give consideration to the notion that contempt proceedings are extraordinary, and they are governed by special statutes which were not addressed in the papers. (See CCP § 1209 et seq.; Civ. Proc. Before Trial
Hearing Date
September 24, 2020
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The Motion is DENIED without prejudice.
Independent Matter
This is a motion to enforce a settlement but enmeshed in the papers is a secondary request, which seeks to “enforce” or start“contempt” proceedings regarding an earlier pretrial order in the case, a July 11, 2019 order, in which the plaintiff was awarded compensatory legal fees and costs in connection with the setting aside of Defendant’s default. The legal fees are said to be unpaid, on the part of the defense counsel.
This appears to be conceptually independent matter from the settlement. A hearing was not reserved in the court to consider this independent issue, and it is not an issue that should be presented in conjunction with some other motion. Therefore, the matter is DENIED without prejudice.
The movant should also give consideration to the notion that contempt proceedings are extraordinary, and they are governed by special statutes which were not addressed in the papers. (See CCP § 1209 et seq.; Civ. Proc. Before Trial