Judge: Joel L. Lofton, Case: 21BBCV00031, Date: 2023-08-29 Tentative Ruling

Case Number: 21BBCV00031    Hearing Date: August 29, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     August 29, 2023                                              TRIAL DATE: No date set.

CASE:                         MIDWEST EMPLOYERS CASUALTY COMPANY; STARNET INSURANCE COMPANY v. VISION CONSTRUCTION GROUP, INC., a corporation; DOES 1-100, inclusive.

CASE NO.:                 21BBCV00031

MOTION TO SET ASIDE DISMISSAL AND FOR ENTRY OF JUDGMENT

MOVING PARTY:               Plaintiffs Midwest Employers Casualty Company and Starnet Insurance Company (“Plaintiffs”)

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed July 3, 2023

RELIEF REQUESTED

             Plaintiffs move to set aside dismissal and for entry of judgment.

BACKGROUND

            This action arises out of Plaintiff Midwest Employers Casualty Co.’s (“Plaintiff”) claims that Defendant Vision Construction Group, Inc. (“Defendant”) failed to pay insurance premiums totaling $83,553.96. Plaintiff also requests the judgment to include an interest rate of 10% per annum starting from February 1, 2019. Plaintiff filed a complaint on January 13, 2021, with one cause of action for failure to pay insurance premiums.

TENTATIVE RULING

             Plaintiffs’ motion to set aside dismissal is GRANTED.

            Judgment is entered in favor of Plaintiffs and against Defendant for a total of $84,808.14.

DISCUSSION

            In October of 2022, the parties agreed to a stipulation resolving this matter. (Gaba Jr. Decl. ¶ 2, Exhibit 1.) The stipulation requested that the court retain jurisdiction over the parties pursuant to Code of Civil Procedure section 664.6. (Id. ¶ 4.) The stipulation also provided that judgment would be entered against Defendant for a total sum of $114,808.14, including $83,553.96 as the principal amount, $30,718.38 in interest, and $535.80 in costs. (Id. ¶ 2, Exhibit 1 ¶ 1.) The agreement also provides that if payment is not timely received, Plaintiff is entitled to file the stipulation and request judgment. (Exhibit 1 ¶ 6.)

            Code of Civil Procedure section 664.6, subdivision (a), provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.”

            Plaintiffs provide that Defendant defaulted on February 28, 2023, and each month after by failing to make the scheduled payment. (Gaba Jr. Decl. ¶ 5.) Plaintiffs provide that Defendants have made payments totaling $30,000, which leaves a remaining sum of $84,808.14. (Id. ¶¶ 8-9.)

CONCLUSION

            Plaintiffs’ motion to set aside dismissal is GRANTED.

            Judgment is entered in favor of Plaintiffs and against Defendant for a total of $84,808.14.

Dated:   August 29, 2023                                            ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org