Judge: Anne Hwang, Case: 19STCV27070, Date: 2023-08-21 Tentative Ruling

Case Number: 19STCV27070    Hearing Date: August 21, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court.  

TENTATIVE RULING

MOTION

              Plaintiff Interinsurance Exchange of the Automobile Club moves to set aside the July 27, 2022 order of dismissal of Defendants Sione Tone Tuihalamaka and Kafoatu Tuihalamaka.  Defendants do not oppose this motion.

ANALYSIS

1.      Relief Under Code of Civil Procedure section 664.6

“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.” (Cal. Civ. Code § 664.6.)

            On June 20, 2022, the parties entered into a conditional settlement whereby Defendants would pay Plaintiff $27,000 at the rate of $100 per month beginning July 15, 2022. (McClain Declaration, Ex. A.) Pursuant to the stipulation, in the event that Defendants default or fail to perform any of the terms and conditions of this Stipulation, and if a payment has not been made to Plaintiff within 15 days of the due date, Plaintiff is entitled to file a Stipulation for Judgment for the amount of $36,468.09 plus costs and interest at the legal rate from the date of default to date of entry of Judgment. (Ibid.) Additionally, the court specifically retains jurisdiction to enforce settlement according to the terms of the agreement and pursuant to California Code of Civil Procedure § 664.6. (Ibid.)

            On May 31, 2023, Plaintiff filed this motion alleging that Defendants had made a total of $200 in installment payments but, as of the date of the filing, were delinquent with respect to all payments which fell due on or after January 1, 2023. (McClain Declaration ¶ 4.) No opposition has been filed.

            Plaintiff’s motion is GRANTED.

CONCLUSION AND ORDER

Judgment is entered against Defendants Sione Tone Tuihalamaka and Kafoatu Tuihalamaka in the amount of $37,038.09 (Principal of $36,368.09 - Payments of $200.00 + Costs of $870.00).

Plaintiff shall give notice of the Court’s order and file a proof of service of such.