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NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT
1 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on _______________ at ________.m. or as soon thereafter as
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the matter may be heard in Department ____ of the above-entitled court located at
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_______________________________, Plaintiff ______________ will and hereby does move this
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Court for an order enforcing the terms of the settlement agreement between the parties pursuant to
7 Code of Civil Procedure 664.6 and for attorneys fees and costs of $_____________ for being
8 required to enforce the agreement. Plaintiff moves this Court for a Judgment against Defendant
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__________________ in the principal amount of $________________, plus an award of attorneys
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fees and costs in the amount of $_________________ for a total judgment amount of $__________,
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based on the Settlement Agreement and Release between the parties allowing for the recovery of all
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13 attorneys fees and costs if enforcement by Code of Civil Procedure 664.6 is necessary to enforce
19 ________ made the _____________ payment. However, Defendant ____________ only made a
20 payment of _____________ on ___________________ and has made no further payments since then.
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NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT
1 This motion will be based on this notice of motion, the attached points and authorities, the
2 declaration of ____________________, and Exhibits, and upon such oral and documentary evidence
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as may be presented by the moving party at the time of the hearing.
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DATED: ______________________
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LAW OFFICES OF SAMPLE ATTORNEY
8 By_______________________________________
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Attorney for Plaintiff _____________________
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NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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INTRODUCTION
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Plaintiff _________________ (Plaintiff) hereby submits this motion for enforcement of the
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settlement agreement pursuant to Code of Civil Procedure 664.6. The settlement agreement should
7 be enforced against Defendant _______________ (Defendant) because she has failed to comply
8 with specific provisions of the settlement agreement that require her to make monthly payments of
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$______________ to Plaintiff.
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Despite attorney _______________ consistent efforts to get Defendant to make timely
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payments Defendant has failed to do so. Defendant made her ________________ payment.
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13 However, Defendant only made a payment of ____on _____________________ and has made no
19 __________________, based on the Settlement Agreement and Release between the parties allowing
20 for the recovery of all attorneys fees and costs if enforcement by Code of Civil Procedure 664.6 is
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necessary to enforce the terms of the agreement.
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Be sure to modify these paragraphs to suit your individual
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24 situation. Do NOT just use the wording here unless it definitely applies
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26 to your particular situation. Do not ask for attorneys fees unless you
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NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT
1 have an attorney. If you do not you are only entitled to the Court costs
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incurred in filing this Motion.
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To purchase the entire 16 page document visit:
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6 https://legaldocspro.myshopify.com/products/sample-motion-to-
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enforce-settlement-agreement-in-california-under-section-664-6
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NOTICE OF MOTION AND MOTION TO ENFORCE SETTLEMENT AGREEMENT