Motion to Enforce Settlement
Case No. CU24-01921
Motion to Enforce Settlement
The motion to enter judgment pursuant to the terms of the settlement agreement is GRANTED.
Defendant concedes that the parties entered into a valid and enforceable settlement agreement. There is no dispute between the parties regarding the terms of the settlement agreement. Instead, the parties’ disagree about whether Defendants’ “actions constituted a material breach of the agreement”, which is not relevant to the determination of the motion. (Machado v. Myers (2019) 39 Cal.App.5th 779, 795-796.) Accordingly, the court will enter judgment “setting forth all the material terms of the parties’ settlement agreement.” (Id. at 801.)
Judgment will be entered on the exact terms of the settlement agreement.
The court notes that the terms of the settlement agreement do not include painting or repairing the house after the awning was removed. Likewise, the settlement agreement does not provide the driveway will be restored to pre-2021 City of Vallejo
guidelines and that the driveway must comply with Vallejo code. The material terms of the settlement agreement are straightforward.
Post-judgment motions to enforce the terms of a judgment are different than a motion to enter judgment.
Under these facts, entry of judgment pursuant to 664.6 is warranted. The purpose of Code of Civil Procedure section 664.6 is to provide a summary procedure to enforce a settlement agreement by entering judgment pursuant to the specific terms of the settlement.
Neither party is deemed a prevailing party at this time.
Department 3’s matters will be heard by Department 8 on August 4, 2026. Any requests for oral argument should continue to be directed to Department 3.
DO TKNN LLC v. NAZILA EDALATI
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