Judge: Anne Hwang, Case: 19STCV43341, Date: 2024-02-26 Tentative Ruling

Case Number: 19STCV43341    Hearing Date: February 26, 2024    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 State Farm Mutual Automobile Insurance Company (“Plaintiff”) moves to vacate the October 15, 2020 order of dismissal of its complaint without prejudice. No opposition has been filed.

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.” (Code Civ. Proc. § 664.6.)

            On September 29, 2020, the parties entered into a settlement agreement whereby Defendant Aminta Marroquin (“Defendant”) agreed to pay $18,185.89 and make monthly payments. (Reese Decl. ¶ 2, Ex. A.) According to the agreement, on October 1, 2020, Defendant’s insurer would make an initial payment of $6,185.89. Starting on October 1, 2020, Defendant would make monthly payments of $200.00 on the same day of each month until the settlement amount was paid in full.

Pursuant to the agreement, in the event that Defendant fails to make a payment, and if a payment is not made to Plaintiff within 14 days of the due date, Plaintiff is entitled to have any dismissal set aside and judgment entered for the settlement amount, minus credit for payments received, plus any costs the court requires and a reasonable attorney fee associated with entering the judgment not to exceed $500. (Ibid.) Additionally, the court specifically retains jurisdiction to enforce settlement according to the terms of the agreement and pursuant to Code of Civil Procedure section 664.6. (Ibid.)

On October 15, 2020, this action was dismissed pursuant to the stipulation for dismissal.

On December 5, 2023, Plaintiff filed this motion alleging that Defendant defaulted on payments. According to the Declaration of Harlan Reese, Defendant made monthly payments totaling $4,900. (Reese Decl. ¶ 4.) Counsel asserts that the total payments received was $11,085.89. (Reese Decl. ¶ 7.) However, this conflicts with information in the memorandum, which states that Defendant’s insurer provided a one-time payment of $11,085.89 and Defendant paid $4,900. (Motion, 2.) Therefore, the amount of payments Plaintiff received is unclear.

            At the hearing, Plaintiff shall clarify the total amount of payments it has received so that the Court can enter judgment. To the extent that the proposed order must be amended, Plaintiff shall file an amended proposed order.

CONCLUSION AND ORDER

Accordingly, the motion to vacate dismissal and enter judgment is conditionally granted.

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