Judge: Carolyn M. Caietti, Case: 37-2020-00015301-CL-BC-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Limited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2020-00015301-CL-BC-CTL STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS HERNANDEZ CAUSAL DOCUMENT/DATE FILED:

Plaintiff State Farm Mutual Automobile Insurance Company's Motion to Vacate Dismissal, Enforce Settlement and Enter Judgment is GRANTED.

This is Plaintiff's third motion to vacate the dismissal, enforce settlement and enter judgment. (See, ROA 46, 57.) The previous two motions were taken off calendar for service issues. (Ibid.) Plaintiff sufficiently explains in this third motion that service at the 3080 Whitesand Drive address is proper. (ROA 67 – Supplemental Declaration of Richard Mahfouz, at ¶¶ 8-13 & Ex. E.) The motion is also unopposed.

The Court has authority to vacate the dismissal and enter judgment pursuant to C.C.P. section 664.6 (ROA 29 – Stipulation for Settlement and Order; ROA 30 – Order Regarding for Settlement.) The parties also agreed that should Defendant default on payments, Plaintiff could submit an order for entry of judgment including interest, costs and reasonable attorney fees incurred in the enforcement of the agreement, less any payments made. (ROA 30.) Defendant made payments of $1,000, but then defaulted. (ROA 66 - Declaration of Richard Mahfouz, at ¶¶ 8-9.) The judgment consists of: the principal balance due of $9,014.90, plus interest of $356.70, accrued at 10% per annum since the default date of October 21, 2021, previous court costs of $0, additional costs of $527.16 and attorney fees of $1,300, less $1,000 for payments made by Defendant to date. (Mahfouz Decl., at ¶ 11.) The dismissal is vacated and Plaintiff is entitled to judgment in the total amount of $10,198.76.

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

The Court will sign the proposed judgment. (ROA 62.) Plaintiff is ordered to serve written notice of this ruling and the conformed judgment on all parties within five days of receiving the conformed judgment.

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