SAN FRANCISCO HEALTH CARE AND REHAB, INC, A VS. HELPING HANDS HOME HEALTH CARE & HOSPICE, INC ET AL

Matter on the Law & Motion/Discovery Calendar for Friday, September 11, 2025, line 6, PLAINTIFF SAN FRANCISCO HEALTH CARE AND REHAB, INC, A CALIFORNIA CORPORATION'S Motion To Enforce Settlement Agreement To Get $37,150 Judgment Against Defendants Helping Hands Home Health Care & Hospice, Inc And Warren Delfin That Includes Unpaid Amounts And Attorneys' Fees Of More Than $17,000 California Code Of Civil Procedure Section 664.6);

The unopposed motion by San Francisco Health Care & Rehab, Inc. (SFHCR) for entry of judgment pursuant to the terms of the settlement agreement, attached as Exhibit A to the Van Ee declaration, is granted. The parties settled for a payment of $95,000 by defendants Helping Hands Home Health Care & Hospice, Inc. and Warren Delfin to SFHCR in installments. Helping Hands and Delfin have paid $75,000 but their last two installments of $10,000 are past due. The court orders that judgment be entered against Helping Hands and Delfin jointly and severally in favor of SFHCR, plus costs.

SFHCR asks that the judgment include interest and attorneys' fees. There is no provision for prejudgment interest in the settlement agreement that SFHCR cites, but prejudgment interest accrues at 10% per annum from the date of breach by statute (Civ. Code, sec. 3287, 3289), and the court concludes that the date when each installment was due is a date certain from which interest should accrue.

With respect to attorneys' fees, the settlement agreement states at page 5, "the judgment will accrue reasonable attorneys' fees incurred to enforce the judgment." The Van Ee declaration states a total amount of fees of $17,000 but provides no information from which the court may conclude the amount is reasonable and no basis for a lodestar calculation. The request for that amount is denied without prejudice. SFHCR may file a motion for attorneys' fees. SFHCR shall prepare a proposed judgment consistent with this order and submit it to defendants pursuant to Rule of Court 3.1312.

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