This matter is on calendar for the motion of plaintiff Preston Smith (“Plaintiff”) for an order enforcing the terms of the settlement agreement between the parties pursuant to Code of Civil Procedure (CCP) section 664.6. Plaintiff seeks judgment against defendants Brian Rooney and Cherry Creek Trust in the principal amount of $10,000.00, plus an award of attorney fees and costs in the amount of $2,500.00, for a total judgment in the amount of $12,500.00.
This matter was initially scheduled for September 16, 2020. It was continued to October 28, 2020 due to a clerical error which omitted it from the September 16 calendar. The tentative ruling for October 28, 2020, which was adopted at that hearing, informed Plaintiff that the motion was missing critical components. The motion was filed on May 28, 2020. It consists of three pages. The first two pages make up the notice of motion and the third page consists of the memorandum of points and authorities. The motion states that it is based on