Judge: Blaine K. Bowman, Case: 37-2019-00033998-CL-UM-NC, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - August 10, 2023

08/11/2023  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Limited  Uninsured Motorist Motion to Dismiss 37-2019-00033998-CL-UM-NC CONTINENTAL CASUALTY COMPANY VS GUERRERO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Set Aside Dismissal, 04/11/2023

The Motion for an Order Setting Aside Dismissal and Entering Judgment Pursuant to Parties' Stipulation for Entry of Judgment brought by plaintiff Continental Casualty Company (Plaintiff) is GRANTED. The parties settled this case on or around February 2020. Under the terms of the settlement, this Court was to retain jurisdiction to enforce the settlement agreement pursuant to Code of Civil Procedure § 664.6.

According to the terms of the settlement agreement, defendants Carlos Guerrero and Elizabeth Jimenez (collectively, Defendants) were to make certain payments according to a schedule. However, if Defendants failed to make the required payments, the parties stipulated as follows: 6. In the event that any payment is not received timely, Plaintiff shall be entitled to file this Stipulation with the Court and request a judgment thereon, without notice.

7. The Parties stipulate that a declaration from an attorney from GABA GUERRINI LAW CORPORATION is sufficient to establish the date of default hereunder and the amount of monies paid hereunder, which monies shall be applied as a credit against any judgment entered.

(ROA 38, Ex. 1, ¶¶ 6-7 (emphasis added).) This motion was permitted to be filed 'without notice,' but Plaintiff mailed a copy to each of the Defendants anyway. Plaintiff has included a declaration of counsel specifying the principal, interest, costs, and credits. Plaintiff has also submitted a proposed order and proposed judgment, both of which can be executed.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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