Judge: Katherine Chilton, Case: 20STLC00647, Date: 2023-04-26 Tentative Ruling
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Case Number: 20STLC00647 Hearing Date: April 26, 2023 Dept: 25
PROCEEDINGS: MOTION
TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
MOVING PARTY: Plaintiff
State Farm Mutual Automobile Insurance Company
RESP. PARTY: None
MOTION TO ENFORCE SETTLEMENT
(CCP § 664.6)
TENTATIVE RULING:
Plaintiff State Farm Mutual Automobile
Insurance Company’s Motion to Set Aside Dismissal and Enter Judgment is GRANTED.
Judgment is to be entered against Defendant Esther Xochilt Lara-Jimenez in the
amount of $2,860.00.
SERVICE:
[X]
Proof of Service Timely Filed (CRC, rule 3.1300) OK
[X]
Correct Address (CCP §§ 1013, 1013a) OK
[X]
16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK
OPPOSITION: None filed as of April
21, 2023 [ ] Late [X]
None
REPLY: None filed as
of April 21, 2023 [ ] Late [X] None
ANALYSIS:
I.
Background
On January 22, 2020, Plaintiff State Farm Mutual
Automobile Insurance Company (“Plaintiff”) filed an action against Defendant Esther
Xochilt Lara-Jimenez (“Defendant”) seeking damages of $16,492.26. Defendant
filed an Answer on February 8, 2021. A non-jury trial was scheduled for July
21, 2021.
On July 14, 2021 and agains on July 19, 2021, Plaintiff
filed a Notice of Settlement. On July 12, 2022, the parties submitted a
Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upon
Breach under Code of Civil Procedure section 664.6 (the “Stipulation”). On July
13, 2022, the Court signed an order per the Stipulation dismissing the action
without prejudice and retaining jurisdiction under Code of Civil Procedure
section 664.6. (7/13/22 Order.)
Plaintiff filed the instant Motion to Set Aside Dismissal
and to Enter Judgment (the “Motion”) on March 23, 2023. No opposition was
filed.
II.
Legal
Standard
Under Code of Civil Procedure, section 664.6:
“(a) If parties to pending litigation stipulate, in a writing signed by
the parties outside of the presence
of the court or orally before the court, for settlement of the case, or part
thereof, the court, upon motion, may enter judgment pursuant to the terms of
the settlement. If requested by the parties, the court may retain jurisdiction
over the parties to enforce the settlement until performance in full of the
terms of the settlement.
(b) For
purposes of this section, a writing is signed by a party if it is signed by any
of the following:
(1) The party.
(2) An attorney who represents the party.
(3) If the
party is an insurer, an agent who is authorized in writing by the insurer to
sign on the insurer's behalf.”
III.
Discussion
The Stipulation was signed by Defendant on July 8, 2022, by
Defendant’s counsel on July 11, 2022, by Plaintiff’s counsel on July 12, 2022,
and by Plaintiff’s authorized representative on July 11, 2022. (7/12/22
Stipulation.) The Stipulation provides that Defendant would pay Plaintiff $12,800.00,
$10,000.00 of which would be paid by Defendant’s insurer, Kemper Insurance, and
the remaining balance would be paid by Defendant at a rate of $100.00 per
month, commencing August 1, 2022, until paid in full. (Id.) Failure to
make a payment as agreed constitutes a default of the Stipulation. (Id.)
In the event of default, Plaintiff is required to give written notice of the
default, and Defendant shall be allowed fourteen days from the date of such
written notice within which to cure that particular default. (Id.) Failure
to cure a default entitles Plaintiff to set aside the dismissal and to enter
judgment in the amount of $12,800.00, less any monies paid plus any costs associated
with entering the judgment. (Id.)
The Court finds the Stipulation to
be valid and enforceable under Code of Civil Procedure section 664.6. Plaintiff
provides evidence that Defendant’s insurer paid $10,000, but Defendant did not
make any payments toward the remaining $2,800.00 balance. (Mot., Reese Decl., ¶¶
4-5.) Plaintiff’s counsel sent Defendant a letter regarding his default on December
20, 2022, but the default was not cured. (Id. at ¶ 6, Exh. C.)
Plaintiff requests that a judgment
of $2,860.00, based on a principal amount of $12,800 less payments received of
$10,000.00 plus costs of $60.00, be entered against Defendant. (Id. at ¶
8.) Plaintiff’s request is GRANTED.
IV.
Conclusion
& Order
For the foregoing reasons, Plaintiff
State Farm Mutual Automobile Insurance Company’s Motion to Set Aside Dismissal
and Enter Judgment is GRANTED. Judgment is to be entered against Defendant Esther
Xochilt Lara-Jimenez in the amount of $2,860.00.
Moving party is ordered to give notice.