Judge: Carolyn M. Caietti, Case: 37-2020-00011290-CL-PA-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 28, 2024

03/29/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Limited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2020-00011290-CL-PA-CTL STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JENKINS CAUSAL DOCUMENT/DATE FILED: Motion to Vacate, 08/25/2023

Plaintiff State Farm Mutual Automobile Insurance Company's Motion to Vacate Dismissal and Enter Judgment is GRANTED IN PART.

The Court has authority to vacate the dismissal and enter judgment pursuant to C.C.P. section 664.6 (ROA 55 – Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upon Breach, at ¶ 3.) Defendant's insurance carrier made a one-time payment of $7,057.46 and Defendant made monthly payments totaling $300 but then stopped making payments. Plaintiff sent a notice to cure the default.

Defendant did not cure the default. In the stipulation, the parties agreed Plaintiff could enforce the agreement and file to have judgment entered against Defendant, 'plus any costs associated with entering the judgment not to exceed $500' less any amounts received from Defendant. (Id., at ¶ 3.) However, here, Plaintiff seeks slightly more than the $500 allowed in costs. Thus, the motion is GRANTED IN PART with only $500 in judgment related costs allowed.

The judgment consists of the principal balance due of $9,657.46, plus $500 in costs associated with entering the judgment less $7,357.46 in credits for payments made for a total of $2,800.

The dismissal is vacated and Plaintiff is entitled to judgment in the total amount of $2,800.

If the tentative ruling is confirmed without modification, this minute order will be the Court's final order on the motion.

Plaintiff is ordered to: (i) prepare and submit a proposed judgment; and (ii) serve written notice of this ruling on all parties by April 3, 2024.

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