Judge: Katherine Chilton, Case: 21STLC07217, Date: 2023-04-26 Tentative Ruling

Case Number: 21STLC07217     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 Tania Yareli Lara Hernandez in the amount of $5,680.85

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 October 10, 2021, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action against Defendant Tania Yareli Lara Hernandez (“Defendant”) seeking damages of $10,770.85. Defendant filed an Answer on December 14, 2021.

On July 27,2022, the parties submitted a Stipulation for Entry of Judgment in the Event of Default under Code of Civil Procedure section 664.6 (the “Stipulation”). On August 9, 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. (8/9/22 Order.)

Plaintiff filed the instant Motion to Set Aside Dismissal and to Enter Judgment (the “Motion”) on January 12, 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 13, 2022, by Defendant’s counsel on July 14, 2022, by Plaintiff’s counsel on July 15, 2022, and by Plaintiff’s authorized representative on July 26, 2022. (7/27/22 Stipulation.) The Stipulation provides that Defendant would pay Plaintiff $9,400.00, $5,000.00 of which would be paid by Defendant’s insurer, Kemper Insurance, and the remaining balance would be paid by Defendant at a rate of $75.00 per month, commencing July 15, 2022 and continuing thereafter on the first of each succeeding month, until paid in full. (Id.) Failure to make a payment as agreed constitutes a default of the Stipulation. (Id.) In the event of default, Defendant has a 15-day grace period for payment of any installment due thereunder. (Id.) Plaintiff is required to give written notice of the default, after which Defendant shall be allowed an additional ten days from the date of such written notice within which to cure that particular default. (Id.) Failure to cure a default entitles Plaintiff to enter judgment for the full amount of $10,770.85 plus costs and prejudgment interest from the date of loss, less any monies paid. (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 $5,000.00, but Defendant only paid $150.00 of the remaining $4,400.00 balance. (Mot., Reese Decl., ¶ 5.) Plaintiff’s counsel sent Defendant a letter regarding his default on October 12, 2022, but the default was not cured. (Id. at ¶ 6, Exh. 2.)

            Plaintiff requests that a judgment of $5,680.85, based on a principal amount of $10,770.85 less payments received of $5,000.00 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 Tania Yareli Lara Hernandez in the amount of $5,680.85.

Moving party is ordered to give notice.