Judge: Mark E. Windham, Case: 20STLC05558, Date: 2024-04-29 Tentative Ruling

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Case Number: 20STLC05558    Hearing Date: April 29, 2024    Dept: 26

  

State Farm v. Agustin, et al.

MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

 

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN PLAINTIFF’S FAVOR AND AGAINST DEFENDANT EDWIN OMAR RAMIREZ IN THE AMOUNT OF $2,162.11 PRINCIPAL, INTEREST OF $502.32, WHICH ACCRUED AT THE LEGAL RATE OF 7% PER ANNUM SINCE THE DEFAULT DATE OF MARCH 15, 2023, COSTS OF $387.07, AND ATTORNEY’S FEES OF $579.72.

 

 

ANALYSIS:

 

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Willian Orlando Gutierrez Agustin and Edwin Omar Ramirez (“Defendant”) on July 2, 2020. On March 9, 2022, Plaintiff filed a copy of a settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the Complaint pursuant to the stipulation on the same date. (Stip and Order, filed 03/09/22.)

 

On January 31, 2024, Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement, and Enter Judgment. To date, no opposition has been filed.

 

Legal Standard

 

The instant motion 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.) Plaintiff has demonstrated the settlement agreement complies with the statutory requirements set forth above as it was signed by both parties and their attorneys. (Motion, Mahfouz II Decl., Exh. A, p. 5.)

 

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, Mahfouz II Decl., Exh. A, ¶15.)

 

The settlement provides that Defendant would pay Plaintiff $7,000.00 through an initial payment from Defendant’s insurer of $5,000.00 followed by Defendant’s monthly payments starting on August 15, 2021. (Id. at Exh. A, ¶2.) The settlement agreement also provides that if Defendant defaults, Plaintiff will seek judgment in the demand of the Complaint ($8,162.11), plus interest on that amount, accrued at the legal rate of 7% from the default date, plus all costs of suit, as well as any additional costs incurred for the enforcement of the agreement, and attorney’s fees, less any payments received. (Id. at Exh. A, ¶8.) Total payments of $6,000.00 were made towards the settlement, after which Defendant defaulted. (Id. at ¶¶9-10 and Exh. B.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendant in the amount of $2,162.11 principal, interest of $502.32, which accrued at the legal rate of 7% per annum since the default date of March 15, 2023, costs of $387.07, and attorney’s fees of $579.72. (Id. at ¶12.)

 

Conclusion

 

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN PLAINTIFF’S FAVOR AND AGAINST DEFENDANT EDWIN OMAR RAMIREZ IN THE AMOUNT OF $2,162.11 PRINCIPAL, INTEREST OF $502.32, WHICH ACCRUED AT THE LEGAL RATE OF 7% PER ANNUM SINCE THE DEFAULT DATE OF MARCH 15, 2023, COSTS OF $387.07, AND ATTORNEY’S FEES OF $579.72.

 

 

Moving party to give notice.