Judge: Carolyn M. Caietti, Case: 37-2020-00031149-CL-IC-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Limited  Insurance Coverage Motion Hearing (Civil) 37-2020-00031149-CL-IC-CTL STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS TAULAU CAUSAL DOCUMENT/DATE FILED:

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

The Court has authority to vacate the dismissal and enter judgment pursuant to C.C.P. section 664.6 (ROA 40 – Stipulation for Settlement and Entry of Judgment, at ¶ 12; ROA 41 – Order Regarding Stipulation for Settlement and Entry of Judgment, at p. 2:7-9.) The parties agreed to a settlement for $4,799.22. Defendant's insurance carrier made a one-time payment of $1,799.22. Defendant was responsible for paying the balance and made monthly payments totaling $1,150 but then stopped making payments. Plaintiff sent two notices 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. (ROA 40 – Stipulation, at ¶ 7.) Interest is recoverable.

Plaintiff's request for costs and attorney fees is denied. The parties' stipulation states that '[e]ach side shall bear their own costs and attorney's fees relating to this matter, except as stipulated above.' (ROA 40 – Stipulation, at ¶ 14.) But the discussion 'above' does not address costs and attorney fees. While the Declaration of Mr. Mahfouz ( ROA 48, ¶ 8) suggests attorney fees and costs are recoverable if a motion to enforce the settlement agreement becomes necessary, the signed stipulation does not contain these terms. For attorney fees, Plaintiff cites to San Diego Superior Court Local Rule 2.5.10, but does not explain how it is applicable. This rule provides, '[w]henever the obligation sued upon provides for the recovery of a reasonable attorney fee, the fee in each default case may be fixed pursuant to the following schedule...' Again, the stipulation does not provide for attorney fees.

Thus, the motion is GRANTED IN PART AND DENIED IN PART.

The judgment consists of the principal balance due of $5,564.25, plus interest of $206.70, accrued at the legal rate of 7% per annum since the default date of March 1, 2023, less payments received from Defendant and Defendant's insurance company of $2,949.22.

The dismissal is vacated and Plaintiff is entitled to judgment in the total amount of $2,821.73 If the tentative ruling is confirmed without modification, this minute order will be the Court's final order on the motion.

Calendar No.: Event ID:  TENTATIVE RULINGS

3019406  46 CASE NUMBER: CASE TITLE:  STATE FARM MUTUAL AUTOMOBILE INSURANCE  37-2020-00031149-CL-IC-CTL Plaintiff is ordered to: (i) prepare and submit a revised proposed judgment; and (ii) serve written notice of this ruling on all parties by April 30, 2024.

Plaintiff is reminded to comply with Department 70's Policies and Procedures and to provide courtesy copies of motion paperwork.

Calendar No.: Event ID:  TENTATIVE RULINGS

3019406  46