1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.
)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION TO
) ENFORCE SETTLEMENT AGREEMENT AND
13 vs. ) FOR AWARD OF ATTORNEY FEES OF $_____;
) MEMORANDUM OF POINTS AND
14 Any Defendant, and DOES 1-5 ) AUTHORITIES; DECLARATION OF __________;
) EXHIBITS
15 Defendants. )
) DATE:
16 ) TIME:
) DEPT:
17 )
)
18 )

19
To subscribe to my FREE weekly legal newsletter visit
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21 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
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address.
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24 To view sample document packages sold by LegalDocsPro
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visit: http://www.legaldocspro.net Be sure to remove this notice and all
26

27 other notices before using this document.
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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
3
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 attorney’s 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 attorney’s
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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 attorney’s fees and costs if enforcement by Code of Civil Procedure § 664.6 is necessary to enforce

14 the terms of the agreement
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This motion is made pursuant to Code of Civil Procedure § 664.6 on the ground that the
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Settlement Agreement and Release between the parties requires that Defendant _________________
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make payments of $___________ per month commencing on _________________. Defendant
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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
3
as may be presented by the moving party at the time of the hearing.
4
DATED: ______________________
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LAW OFFICES OF SAMPLE ATTORNEY

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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.
3
INTRODUCTION
4
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

14 further payments since then.
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For the reasons stated below, the Court the Court should grant this motion and enter a
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Judgment against __________________ in the principal amount of $_____________, plus an award
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of attorney’s fees and costs in the amount of $____________for a total judgment amount of
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19 __________________, based on the Settlement Agreement and Release between the parties allowing

20 for the recovery of all attorney’s fees and costs if enforcement by Code of Civil Procedure § 664.6 is
21
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 attorney’s 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
2

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incurred in filing this Motion.
4
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

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