Ceasar v. Aguirre

Filing 51

ORDER Denying Plaintiff's 49 Motion to Order Defendants to Pay, signed by Magistrate Judge Erica P. Grosjean on 9/17/18. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WALTER D. CEASAR,

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Plaintiff,
v.
E. AGUIRRE,

Case No. 1:15-cv-00873-LJO-EPG
ORDER DENYING PLAINTIFF’S
MOTION TO ORDER DEFENDANTS TO
PAY
(ECF No. 49)

Defendant.

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Walter D. Ceasar, III (“Plaintiff”) filed a motion on March 15, 2018, asking for an order

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that E. Aguirre (“Defendant”) pay the amount due under their settlement agreement, i.e.

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$6,250.00. (ECF No. 49.) Plaintiff says that he has received a form from the California

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Department of Corrections and Rehabilitation, but no money. Id.

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Defendant filed an opposition to the motion on April 4, 2018. (ECF No. 50.) Defendant

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explains that Plaintiff had outstanding restitution greater than the settlement amount. Id. After

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certain administrative fees were deducted pursuant to law, the remaining settlement award was

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credited to Plaintiff’s account to reduce his restitution obligation by $5,952.38. Id. There were no

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funds leftover to pay to Plaintiff. Id.

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The Court has reviewed the settlement agreement and documents provided by Defendant.

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Plaintiff agreed that the funds would first go toward restitution. See Settlement Agreement and

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Release, ECF No. 50-1 at 4 (“CDCR shall pay Plaintiff $6,250.00 (the settlement amount).

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However, Plaintiff understands that CDCR is obligated by California Penal Code section 2085.8
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to collect any amounts owed by a prisoner under a restitution fine or order, including any

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administrative fees related to such amounts.”). This is consistent with the law, which requires

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that any settlement amount first go to pay outstanding restitution. See Cal. Pen. Code § 2085.8(a)

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(“Compensatory or punitive damages awarded by trial or settlement to any inmate . . . in

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connection with a civil action brought against a federal, state, or local jail, prison, or correctional

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facility, or any official or agent thereof, shall be paid directly, after payment of reasonable

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attorney's fees and litigation costs approved by the court, to satisfy any outstanding restitution

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orders or restitution fines against that person. The balance of the award shall be forwarded to the

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payee after full payment of all outstanding restitution orders and restitution fines, subject to

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subdivision (c).”).
Thus, Defendants have comported with the agreement and law in paying the settlement

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amount toward Plaintiff’s restitution. And it appears from all evidence submitted that Plaintiff’s

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restitution amount was greater than the award.

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That said, the Court would have expected this to be discussed at the settlement

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conference. The undersigned judge did not conduct the settlement conference and does not know

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if this issue was raised at that conference, but from Plaintiff’s motion, it appears that this came as

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a surprise to Plaintiff. If so, the Court understands Plaintiff’s surprise and disappointment.

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As Defendant’s payment comported with the law, the Court will not grant Plaintiff’s

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motion. The Court will, however, express its opinion and understanding that the issue of

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restitution should be raised at future settlement conferences so that all parties have a fair and

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complete understanding of the result of the settlement agreement. It is not in the interest of

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justice to have a misunderstanding about the basic question of whether the Plaintiff will receive

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any money from a settlement.

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IT IS SO ORDERED.
Dated:

September 17, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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