Judge: Mark E. Windham, Case: 19STLC08366, Date: 2023-04-27 Tentative Ruling
Case Number: 19STLC08366 Hearing Date: April 27, 2023 Dept: 26
State Farm v. Magallanes, et al.
ENTER
JUDGMENT PURSUANT TO STIPULATION
(CCP § 664.6)
TENTATIVE RULING:
Plaintiff State Farm Mutual
Automobile Insurance Company’s Motion to Vacate Dismissal, Enforce Settlement
Agreement and Enter Judgment is GRANTED IN THE AMOUNT OF $9,100.00 PRINCIPAL
AND $60.00 IN COSTS.
ANALYSIS:
Plaintiff State
Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action
for automobile subrogation against Defendant Nelida Magallanes (“Defendant”) on
September 11, 2019. Defendant filed an Answer on October 10, 2019.
On November 4,
2021, Plaintiff filed a copy of its
settlement agreement with Defendant with a request for dismissal and retention
of jurisdiction under Code of Civil Procedure section 664.4. The Court granted
the request for dismissal with retention of jurisdiction on the same date.
(Stip and Order for Dismissal, 11/04/21.)
Plaintiff filed the instant Motion to Vacate Dismissal, Enforce
Settlement and Enter Judgment on March 24, 2023. No opposition has been filed
to date.
Discussion
The Motion to Enforce Settlement is brought under Code of Civil
Procedure, section 664.6, which states in relevant part:
If parties to pending litigation
stipulate, in a writing signed by the parties outside 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.
(Code Civ. Proc., § 664.6, subd.
(a).) Prior to January 1, 2021, “parties” under section 664.6 meant the
litigants themselves, not their attorneys.
(Levy v. Superior Court (1995) 10 Cal.4th 578, 586.) The current
statute provides that “parties” includes “an attorney who represents the party”
and an insurer’s agent. (Code Civ. Proc., § 664.6, subd. (b).) The settlement
must include the signatures of the parties seeking to enforce the agreement,
and against whom enforcement is sought. (J.B.B. Investment Partners, Ltd. v.
Fair (2014) 232 Cal.App.4th 974, 985.) The settlement agreement here complies with the statutory
requirements set forth above because it was signed by both parties and Plaintiff’s
counsel. (Motion, Reese Decl., Exh. A, p. 3.)
Furthermore, the request for
retention of jurisdiction must be made in writing, by the parties, before the
action is dismissed for the Court’s retention of jurisdiction to conform to the
statutory language. (Wackeen v. Malis (2002) 97 Cal.App.4th 429, 433 [“If,
after a suit has been dismissed, a party brings a section 664.6 motion for a
judgment on a settlement agreement but cannot present to the court a request
for retention of jurisdiction that meets all of these requirements, then
enforcement of the agreement must be left to a separate lawsuit.”].) The
parties’ request for retention of jurisdiction complies with these requirements
because it was made in writing to the Court before the action was dismissed.
(Motion, Reese Decl., Exh. A, ¶3.) Therefore, the Court finds that the parties’
settlement agreement is enforceable, and the request for the Court’s retention
of jurisdiction is proper, under Code
of Civil Procedure section 664.6.
The settlement agreement provides
that Defendant would pay Plaintiff $14,500.00 by way of a $5,000.00 payment
from insurance, followed by monthly payments starting on July 15, 2021. (Id.
at Exh. A, ¶2.) The settlement agreement also provides that if Defendant defaults,
judgment in the settlement amount, less monies paid, plus costs not to exceed
$500.00, may be entered in Plaintiff’s favor. (Id. at Exh. A, ¶3.)
Defendant made total payments in the amount of $5,400.00 and thereafter
defaulted. (Id. at ¶¶4-5 and Exh. C.) Therefore, Plaintiff seeks an order
entering judgment against Defendant based on the settlement amount of $9,100.00
($14,500.00 - $5,400.00) plus costs of $60.00. (Id. at ¶8.)
Conclusion
Plaintiff State Farm Mutual
Automobile Insurance Company’s Motion to Vacate Dismissal, Enforce Settlement
Agreement and Enter Judgment is GRANTED IN THE AMOUNT OF $9,100.00 PRINCIPAL
AND $60.00 IN COSTS.
Moving party to give notice.