Judge: Anne Hwang, Case: 20STCV28898, Date: 2024-03-08 Tentative Ruling

Case Number: 20STCV28898    Hearing Date: March 8, 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 set aside the June 7, 2023 order of dismissal of its complaint without prejudice and enter judgment against Defendant Lorena Martinez Rubio. 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 May 22, 2023, the parties entered into a settlement agreement whereby Defendant Lorena Martinez Rubio (“Defendant”) agreed to pay $15,000 with a $500 down payment due June 15, 2023, a second payment of $250 due on or before January 15, 2024, and monthly payments of $50 thereafter. (Benson Decl. ¶ 4, Ex. 1.)

Pursuant to the agreement, in the event that Defendant defaults on payments, Plaintiff may cause judgment to be entered pursuant to the terms of the stipulation. 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 June 7, 2023, this action was dismissed pursuant to the stipulation for dismissal.

On December 7, 2023, Plaintiff filed this motion alleging that Defendant defaulted on payments. (Benson Decl. ¶ 7.) Plaintiff mailed a notice of default on September 6, 2023. Defendant has not made any payments. (Id.) According to Plaintiff, Defendant’s insurer made a payment of $5,000. This means the remaining balance is $10,000, plus $72 filing costs for this motion. Plaintiff therefore seeks a judgment of $10,072.00. No opposition has been filed.

            Therefore, Plaintiff’s motion is granted.

CONCLUSION AND ORDER

Judgment is entered against Defendant Lorena Martinez Rubio in the amount of $10,072.00 (Principal of $15,000 + Payments of $5,000.00 + Costs of $72.00).  

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