Judge: Katherine Chilton, Case: 18STLC14919, Date: 2023-05-24 Tentative Ruling

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Case Number: 18STLC14919     Hearing Date: May 24, 2023    Dept: 25

PROCEEDINGS:      MOTION TO ENFORCE SETTLEMENT AGREEMENT AND ENTER JUDGMENT

MOVING PARTY:   Amica Mutual Insurance Company

RESP. PARTY:         None

MOTION TO ENFORCE SETTLEMENT AGREEMENT AND ENTER JUDGMENT

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Amica Mutual Insurance Company’s Motion to Enforce Settlement and Enter Judgment Against Defendant Cinthia Zamora is GRANTED.  Dismissal entered on February 2, 2022, is vacated, and judgment is entered for Plaintiff and against Defendant for $7,800.54 as follows: principal amount of $5,045.31, $2,464.60 in interest, and $290.63 in costs.

SERVICE: 

[   ] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[   ] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[   ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of May 18, 2023.               [   ] Late                      [X] None

REPLY:                     None filed as of May 18, 2023.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

On December 14, 2018, Plaintiff Amica Mutual Insurance Company (“Plaintiff”) filed a complaint against Defendant Cinthia Zamora (“Defendant”) for subrogation, stemming from an automobile accident between Defendant and an individual insured by Plaintiff’s automobile insurance policy.  (See Compl.)  Plaintiff compensated its insured for claimed damages in the amount of $6,645.31 and filed the instant claim against Defendant for allegedly causing the damages.  On March 18, 2019, Defendant Zamora, in propria persona, filed an Answer to the Complaint.

On February 1, 2022, Plaintiff filed a Stipulation for Entry of Judgment and Installment Payments, signed by both parties, to dismiss the action on the premise that Defendant would compensate Plaintiff in the settlement amount of $2,250.00.  (2-1-22 Stipulation).  The following day, on February 2, 2022, the Court dismissed the case without prejudice, retaining jurisdiction pursuant to the Stipulation and Code of Civil Procedure § 664.6.  (2-2-22 Order.)

No opposition has been filed.

II.              Legal Standard

Code of Civil Procedure § 664.6, provides a summary procedure that enables judges to enforce a settlement agreement by entering a judgment pursuant to the terms of the parties’ settlement.  In particular the statute provides:

(a) 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.

(b) For purposes of this section, a writing is signed by a party if it is signed by any of the following:

(1) The party.

(2) An attorney who represents the party.

(3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf.

CCP § 664.6(a)-(b) (emphasis added).

III.            Discussion

A. Retention of Jurisdiction

“‘[V]oluntary dismissal of an action or special proceeding terminates the court’s jurisdiction over the matter.’  (Conservatorship of Martha P. (2004) 117 Cal.App.4th 857, 867) [12 Cal.Rptr.3d 142.) ‘If requested by the parties,’ however, ‘the [trial] court may retain jurisdiction over the parties to enforce [a] settlement until performance in full of the terms of the settlement.’ (§ 664.6, italics added.)”  (Mesa RHF Partners, L.P. v. City of Los Angeles (2019) 33 Cal.App.5th 913, 917.)  “‘Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.’”  (Ibid. (quoting Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37).)

“A request for the trial court to retain jurisdiction under section 664.6 ‘must conform to the same three requirements which the Legislature and the courts have deemed necessary for section 664.6 enforcement of the settlement itself: the request must be made (1) during the pendency of the case, not after the case has been dismissed in its entirety, (2) by the parties themselves, and (3) either in a writing signed by the parties or orally before the court.’”  (Ibid. (quoting Wackeen v. Malis (2002) 97 Cal.App.4th 429, 440).)  “The ‘request must be express, not implied from other language, and it must be clear and unambiguous.’” (Ibid. (quoting Wackeen, supra, 97 Cal.App.4th at 440).)

Here, the parties signed a Stipulation for Entry of Judgment and Installment Payments (“Stipulation”) containing the parties’ agreement for the Court to retain jurisdiction pursuant to Code of Civil Procedure §664.6 to enforce the terms of the stipulation and enter judgment in the event of default.  (2-1-22 Stip. ¶ 9.)  Prior to the dismissal of this action, the Stipulation was signed by the parties and submitted to the Court.  (Ibid. at p. 5.)  On February 2, 2022, the Court dismissed the entire case pursuant to the Stipulation, “retaining jurisdiction pursuant to CCP section 664.6.”  (2-2-22 Order.)

As the Stipulation complies with § 664.6 requirements, the Court has retained jurisdiction to enter judgment pursuant to the parties’ Stipulation in this action.

B. Entry of Judgment

The Stipulation Agreement filed by Plaintiff on February 1, 2022, provides that Plaintiff and Defendant agreed to dismiss the action without prejudice on the premise that Defendant will compensate Plaintiff for the settlement amount of $2,250.00.  (2-1-22 Stip. ¶ 3.)  Pursuant to the Stipulation, Defendant will pay the balance of $2,250.00 with $50.00 monthly installments, on or before the 10th of each month from October 10, 2020, to June 10, 2024.  (Ibid. at ¶ 2(a).)  All parties signed the Stipulation.  (Ibid. p. 5.)

The Stipulation also provides that in the event Defendant fails to make timely payments, “PLAINTIFF may cause this Stipulation to be filed with the above-entitled court, along with a Declaration of PLAINTIFF or PLAINTIFF’s counsel of record, reciting such default in payment and setting forth the full amount then owing…less credit for all payments made prior to default, plus any additional court costs hereinafter incurred by PLAINTIFF.”  (Ibid. at ¶ 5.)

On February 28, 2023, Plaintiff filed the instant Motion alleging that Defendant breached the Stipulation.  (Mot. pp. 1-2.)  Plaintiff’s counsel asserts that, as of the date of the instant Motion, Defendant has made payments totaling $1,600.00, but has failed to make payments due on or after November 10, 2022.  (Tapper Decl. ¶ 3.)  The last payment was made on October 4, 2022.  (Ibid. at ¶ 4.)  Interest started to accrue since April 11, 2018, as stated in the Stipulation.  (Ibid.; 2-1-22 Stip. ¶ 1.)

Plaintiff seeks to have the dismissal set aside and to have judgment entered in the amount of $7,800.54 as follows: $6,645.31 (unpaid principal), minus $1,600.00 (payments made by Defendant), plus $2,464.60 (interest accrued at a rate of 10% per annum since default date of April 11, 2018), plus $290.64 (costs for filing and service of process).  (Ibid. at ¶ 5.)

The Court finds the Stipulation to be valid and enforceable under Code of Civil Proc. § 664.6.  Plaintiff provides evidence that Defendant stopped making payments.  Thus, a valid and signed stipulation agreement was breached and the Court retained jurisdiction to enter judgment upon breach.  The Court also finds that Plaintiff is entitled to the settlement amount, less any payments made, costs incurred in enforcing the Stipulation, and interest.

Accordingly, Plaintiff’s Motion to Enforce Settlement and Enter Judgment Against Defendant Cinthia Zamora is GRANTED.  Dismissal entered on February 2, 2022, is vacated, and judgment is entered for Plaintiff and against Defendant for $7,800.54 as follows: principal amount of $5,045.31, $2,464.60 in interest, and $290.63 in costs.

IV.           Conclusion & Order

For the foregoing reasons,

Plaintiff Amica Mutual Insurance Company’s Motion to Enforce Settlement and Enter Judgment Against Defendant Cinthia Zamora is GRANTED.  Dismissal entered on February 2, 2022, is vacated, and judgment is entered for Plaintiff and against Defendant for $7,800.54 as follows: principal amount of $5,045.31, $2,464.60 in interest, and $290.63 in costs.

Moving party is ordered to give notice.