Tentative ruling issued by Judge Laura A. Matz on Sep. 14, 2018 in Los Angeles County, CA - Case no: xxxxx617

Creditors Specialty Service, Inc. v. Cubero

EC065617

Motion of defendants and cross-complainants Juan Jose Cubero and Kim Cubero for relief pursuant to settlement under CCP § 664.6 and for sanctions under CCP § 128.5 is denied.

CCP § 664.6 provides in pertinent part that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court . . . for settlement of the case, . . . 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.” However, the court may not create the material terms of settlement not in the written agreement. Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793.

In this case, the court already granted a motion to enforce the settlement agreement under CCP § 664.6 on April 4, 20….....