Sample California motion to enforce settlement agreement

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This sample motion to enforce settlement agreement in California is made under Code of Civil Procedure Section 664.6 and is used when the parties have entered into a settlement agreement but one party has not complied with the terms of the settlement agreement. The motion requests that the Court enter judgment pursuant to the terms of the settlement agreement. The motion includes a memorandum of points and authorities with citations to case law and statutory authority, and a sample declaration. This is a preview of the sample motion sold by LegalDocsPro.

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Sample California motion to enforce settlement agreement

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR AWARD OF ATTORNEY FEES OF $_____; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF __________; EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To view many more sample legal documents created by me, visit: http://www.legaldocspro.com/downloads.aspx Be sure to remove this notice and all other notices before using this document. - 1 - NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on _______________ at ________.m. or as soon thereafter as the matter may be heard in Department ____ of the above-entitled court located at _______________________________, Plaintiff ______________ will and hereby does move this Court for an order enforcing the terms of the settlement agreement between the parties pursuant to Code of Civil Procedure § 664.6 and for attorney’s fees and costs of $_____________ for being required to enforce the agreement. Plaintiff moves this Court for a Judgment against Defendant __________________ in the principal amount of $________________, plus an award of attorney’s fees and costs in the amount of $_________________ for a total judgment amount of $__________, based on the Settlement Agreement and Release between the parties allowing for the recovery of all attorney’s fees and costs if enforcement by Code of Civil Procedure § 664.6 is necessary to enforce the terms of the agreement This motion is made pursuant to Code of Civil Procedure § 664.6 on the ground that the Settlement Agreement and Release between the parties requires that Defendant _________________ make payments of $___________ per month commencing on _________________. Defendant ________ made the _____________ payment. However, Defendant ____________ only made a payment of _____________ on ___________________ and has made no further payments since then. This motion will be based on this notice of motion, the attached points and authorities, the declaration of ____________________, and Exhibits, and upon such oral and documentary evidence as may be presented by the moving party at the time of the hearing. DATED: ______________________ LAW OFFICES OF SAMPLE ATTORNEY - 2 - NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By_______________________________________ Attorney for Plaintiff _____________________ - 3 - NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT
  4. 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION Plaintiff _________________ (“Plaintiff”) hereby submits this motion for enforcement of the settlement agreement pursuant to Code of Civil Procedure § 664.6. The settlement agreement should be enforced against Defendant _______________ (“Defendant”) because she has failed to comply with specific provisions of the settlement agreement that require her to make monthly payments of $______________ to Plaintiff. Despite attorney _______________ consistent efforts to get Defendant to make timely payments Defendant has failed to do so. Defendant made her ________________ payment. However, Defendant only made a payment of ____on _____________________ and has made no further payments since then. For the reasons stated below, the Court the Court should grant this motion and enter a Judgment against __________________ in the principal amount of $_____________, plus an award of attorney’s fees and costs in the amount of $____________for a total judgment amount of __________________, based on the Settlement Agreement and Release between the parties allowing for the recovery of all attorney’s fees and costs if enforcement by Code of Civil Procedure § 664.6 is necessary to enforce the terms of the agreement. At the Mandatory Settlement Conference held on ____________, both Plaintiff and Defendant agree to settle this case. Defendant agree to pay Plaintiff the total sum of __________________ plus five percent (5%) interest per annum in monthly payments. Counsel for Plaintiff, _________________ drafted a Settlement Agreement and Release which was executed by Plaintiff and Defendant. (See Exhibit “A”.) - 4 - NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT
  5. 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Paragraph 1c of the Settlement Agreement states: Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Do not ask for attorney’s fees unless you have an attorney. If you do not you are only entitled to the Court costs incurred in filing this Motion. To purchase the entire sample document on which this preview is based visit: http://www.scribd.com/doc/29073574/Sample-Motion-to- Enforce-Settlement-Agreement-for-California - 5 - NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT
  6. 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Paragraph 1c of the Settlement Agreement states: Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Do not ask for attorney’s fees unless you have an attorney. If you do not you are only entitled to the Court costs incurred in filing this Motion. To purchase the entire sample document on which this preview is based visit: http://www.scribd.com/doc/29073574/Sample-Motion-to- Enforce-Settlement-Agreement-for-California - 5 - NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT

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