This motion seeks to enforce a settlement agreement by entering a judgment against the defendant. The settlement agreement required the defendant to make monthly payments to the plaintiff, but the defendant only made one payment and has not made any payments since. The motion argues that under the Code of Civil Procedure, the court can enforce the terms of a settlement agreement through a judgment. It requests that the court enter judgment for the amount owed plus attorney's fees and costs, as provided for in the settlement agreement.

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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.
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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:
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NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT

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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
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NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT

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By_______________________________________
Attorney for Plaintiff _____________________
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NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT

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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”.)
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NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT

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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
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NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT

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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
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NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT