Judge: Blaine K. Bowman, Case: 37-2021-00028193-CL-PA-NC, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - November 30, 2023

12/01/2023  10:00:00 AM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Limited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2021-00028193-CL-PA-NC STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS ROQUE [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Vacate, 09/12/2023

The Motion to Vacate Dismissal and Enter Judgment brought by plaintiff State Farm Mutual Automobile Insurance Company (Plaintiff) is GRANTED. The parties settled this case on or around August 2022.

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, defendant Adam Roque (Defendant) was to make certain payments according to a schedule. However, if Defendant failed to make the required payments, the parties stipulated as follows: (iv) Should Defendant fail to make the payment, as agreed, on the 1st day of each month, he will be deemed to be in default of this agreement.

(vi) Should Defendant be in default, the attorney for State Farm will provide Defendant with written notice of the default and Defendant will have fourteen (14) calendar days within which to remedy the default. If Defendant does not remedy the default, the attorney for State Farm may, by ex parte motion, submit an order to the Court for entry of judgment against Defendant in the amount of $5,000.00**, less any payments that have been made by Defendant and Travelers to State Farm, as of that date.

**$9,069.98.

(ROA 32, Ex. A, ¶ A3(iv-vi).) This motion was permitted to be brought 'ex parte,' but Plaintiff served a copy of the motion on Defendant anyway. (ROA 34.) Plaintiff has included a declaration of counsel specifying the principal, interest, costs, and credits. Plaintiff has also submitted a proposed order, 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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3019231