Judge: Katherine Chilton, Case: 19STLC10220, Date: 2022-12-21 Tentative Ruling

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Case Number: 19STLC10220     Hearing Date: December 21, 2022    Dept: 25

PROCEEDINGS:      MOTION TO VACATE DISMISSAL, ENFORCE SETTLEMENT, AND ENTER JUDGMENT

MOVING PARTY:   Plaintiff State Farm Mutual Automobile Insurance Company

RESP. PARTY:         None

MOTION TO VACATE DISMISSAL, ENFORCE SETTLEMENT, AND ENTER JUDGMENT

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Set Aside Dismissal and Enter Judgment is GRANTED.  Dismissal entered on May 31, 2022, is vacated, and judgment is entered for Plaintiff and against Defendant for $9,060 as follows: principal amount of $9,000.00 plus court costs of $60.00.

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 December 19, 2022.                     [   ] Late                      [X] None

REPLY:                     None filed as of December 19, 2022.                     [   ] Late                      [X] None

ANALYSIS:

I.                Background

            On November 5, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action against Defendant Sterling Flores (“Defendant”) for subrogation, stemming from an automobile collision between Defendant, on the one hand, and an individual insured by Plaintiff’s automobile insurance policy, on the other hand.  (Compl.)  Plaintiff compensated the insured for claimed damages in the amount of $12,296.92 and filed the instant claim against Defendant for allegedly causing the damages.  (Ibid. pp. 3-4.)  On January 6, 2020, Defendant filed an Answer to the Complaint.

            On March 17, 2022, Plaintiff filed Notice of Settlement of Entire Case.

On May 27, 2022, Plaintiff filed a Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upon Breach (“Stipulation”), signed by both parties, to dismiss the action on the premise that Defendant would compensate Plaintiff for the settlement amount of $9,000.00.  (5-27-22 Stipulation and Order.)  On May 31, 2022, the Court dismissed the entire case without prejudice pursuant to the Stipulation.  (5-31-22 Order.)

On November 9, 2022, Plaintiff filed the instant Motion to Vacate Dismissal and Enter Judgment (“Motion”).  Plaintiff has submitted the motion on the moving papers and will not appear at the hearing.  (Mot. p. 2.)

No opposition has been filed.

II.              Legal Standard & Discussion

CCP § 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 Dismissal with Reservation to Vacate and Enter Judgment Upon Breach (“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.  (5-27-22 Stipulation ¶ 3.)  Prior to the dismissal of this action, the Stipulation was signed by the parties and submitted to the Court.  (Ibid. at p. 3.)  On May 31, 2022, the Court dismissed the entire case without prejudice pursuant to the Stipulation and expressly stated that it “shall retain jurisdiction pursuant to CCP § 664.6.”  (5-31-22 Order.)

The Court finds that the Stipulation complies with § 664.6 requirements and the Court has retained jurisdiction to enter judgment pursuant to the parties’ Stipulation in this action.

B. Entry of Judgment

The Stipulation Agreement filed on May 27, 2022, provides that Plaintiff and Defendant agreed to dismiss the action on the premise that Defendant would compensate Plaintiff for the settlement amount of $9,000.00.  (5-27-22 Stipulation ¶ 2.)  Pursuant to the Stipulation, Defendant’s insurance carrier would make a payment of $5,000.00 by April 17, 2022, then, beginning on September 1, 2022, Defendant would make monthly payments of $75.00 on the same day of each month until the settlement had been paid in full.  (Ibid.)  All parties signed the Stipulation.  (Ibid. at p. 3.)

The Stipulation also provides that in the event Defendant fails to make timely payments, Plaintiff will mail a letter to Defendant regarding the default.  (Ibid. at ¶ 3.)  If Defendant does not remedy the default within fourteen (14) days of receiving notice, “then plaintiff will be entitled to have any dismissal in this action set aside and judgment entered for the settlement amount, minus credit for payments received, plus any costs associated with entering the judgment not to exceed $500.”  (Ibid.)  The declaration of Plaintiff’s counsel shall be sufficient proof for judgment to be entered.  (Ibid.) 

On November 9, 2022, Plaintiff filed the instant Motion alleging that Defendant has defaulted on payments and Plaintiff is seeking to set aside the dismissal and enter judgment pursuant to the Stipulation.  (Memorandum p. 2.)

As of the date of the instant Motion, Defendant’s insurance carrier has not made any payments.  (Reese Decl. ¶ 4.)  Moreover, Defendant has not made any monthly payments.  (Ibid. at ¶ 5.)  Plaintiff has mailed Defendant a letter regarding the missed payments; however, Defendant has not many any payments thereafter.  (Ibid. at ¶¶ 6-7, Ex. B.)

Plaintiff seeks to have the dismissal set aside and judgment entered in the amount of $9,060.00 as follows: $9,000.00 (settlement amount), minus $0 (payments made by Defendant’s insurance carrier and Defendant), plus $60.00 (court costs).  (Ibid. at ¶ 8.)

The Court finds the Stipulation to be valid and enforceable under Code of Civil Proc. § 664.6.  Plaintiff provides evidence that Defendant has not made any payments and has not cured the default after Plaintiff sent a notice.  Thus, a valid and signed stipulation agreement was breached and the Court retained jurisdiction to enter judgment upon breach.

Accordingly, Plaintiff’s Motion to Set Aside Dismissal and Enter Judgment is GRANTED.  Dismissal entered on May 31, 2022, is vacated, and judgment is entered for Plaintiff and against Defendant for $9,060.00 as follows: principal amount of $9,000.00 plus court costs of $60.00.

IV.           Conclusion & Order

For the foregoing reasons,

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Set Aside Dismissal and Enter Judgment is GRANTED.  Dismissal entered on May 31, 2022, is vacated, and judgment is entered for Plaintiff and against Defendant for $9,060 as follows: principal amount of $9000.00 plus court costs of $60.00.

Moving party is ordered to give notice.