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civil tentative rulings


The court does not issue tentative rulings on Writs of Attachment, Writs of Possession, Claims of Exemption, Claims of Right to Possession, Motions to Tax Costs After Trial, Motions for New Trial, or Motions to Continue Trial.


Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774.


Timestamp: 12/11/2017 at 6:20pm



The Tentative Rulings for Tuesday December 12, 2017 are:

Re:             Garcia v. Morales

Case No.:   VCU 263492

Date:          December 12, 2017

Time:          8:30 A.M. 

Dept.          7-The Honorable Bret Hillman

Motion:      Motion to Enforce Settlement (CCP §664.6)

Tentative Ruling: To grant defendants Jacqueline Morales and Elizabeth Morales Motion to Enforcement Settlement

The Court’s file indicates that proper and timely notice was given to the plaintiff of this motion.

This motion arises out of a March 1, 2017 written settlement agreement of an action brought by plaintiffs Danielle Garcia and Patrick Bradley for injuries sustained in a motor vehicle accident.  The settlement agreement provides for the plaintiffs to sign the necessary releases of liability as to the defendants so that the settlement funds can be distributed.  As of the date of this ruling, the plaintiffs have not yet signed these releases as per the terms of the settlement agreement.

CCP §664.6 provides that “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.”

Plaintiffs’ opposition agrees that settlement was entered into as stated by defendant, but states that counsel for plaintiff was told a release of liens could take some time, as Medi-Cal was often slow to negotiate and compromise liens, and a child support lien had just been served on counsel. Counsel for plaintiff asks that joint checks be made out to plaintiffs, counsel and all lien holders.

The Court grants this motion to enforce the settlement agreement between the parties as follows: (1) plaintiffs are directed to sign the Release of All Claims; (2) Defendants shall pay Danielle Garcia the sum of $6,000.00; (3) Defendants shall pay Patrick Bradley the sum of $10,000.00; (4) Checks shall be made payable to plaintiffs, counsel, the State of California Department of Health Services and the check to Mr. Bradley shall also be payable to the California Disbursement Unit/Tulare County Department of Child Support Services.  Plaintiffs shall pay all unpaid medical and expenses and liens and shall hold Defendants and Defendants’ insurance company harmless, and (4) All Claims against Defendants shall be dismissed. The court will reserve jurisdiction over this settlement under CCP § 664.6.

If no one requests oral argument, the Court is prepared to sign the “Amended Order to Enforce the Settlement” that defendants have lodged with the Court.This order shall be deemed effective upon proof of service of a conformed copy of this Order on the plaintiffs.

 


This concludes the civil tentative rulings



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