Case Number: BC637050 Hearing Date: January 16, 2019 Dept: 3
SUNNY CORENE NELSON,
Plaintiff,
vs.
TIERCA TIERRA ABBOTT, et al.,
Defendant
Case No.: BC637050
[TENTATIVE] ORDER DENYING PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT
Dept. 3
1:30 p.m.
January 16, 2019
Plaintiff and Abbott agreed to settle this case for $14,999. Since the settlement, the parties have disagreed concerning whether and to what extent Plaintiff must satisfy a Medi-Cal Lien and/or provide proof she does not receive Medicare in order to finalize the settlement. At this time, Plaintiff moves to enforce the settlement agreement pursuant to CCP §664.6.
§664.6 provides:
If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.
The Court notes that opposition to the motion was due on or before 1/03/19. The Court has not received opposition to the motion. Despite the lack of opposition, the motion must be denied. The settlement agreement is only signed by Plaintiff and her attorney. It is not signed by Defendant, which is a requirement in order to enforce a settlement under §664.6.
Plaintiff is ordered to give notice.