Judge: Katherine Chilton, Case: 20STLC02362, Date: 2022-08-01 Tentative Ruling
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Case Number: 20STLC02362 Hearing Date: August 1, 2022 Dept: 25
PROCEEDINGS: MOTION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
MOVING PARTY: Plaintiff State Farm Mutual Automobile Insurance Co.
RESP. PARTY: None
MOTION TO SET ASIDE DISMISSAL AND ENTER JUDGMENT
(CCP § 664.6)
TENTATIVE RULING:
Plaintiff State Farm’s Motion to Set Aside Dismissal and Enter Judgment is GRANTED. Judgment of $6,214.59 will be entered against Defendant Briaunna Candice Ellis, aka Briaunna Candice.
SERVICE:
[ ] Proof of Service Timely Filed (CRC, rule 3.1300) YES
[ ] Correct Address (CCP §§ 1013, 1013a) YES
[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) YES
OPPOSITION: None filed as of July 27, 2022 [ ] Late [X] None
REPLY: None filed as of July 27, 2022 [ ] Late [X] None
ANALYSIS:
I. Background
On March 10, 2020, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a complaint against Defendant Briaunna Candice Ellis aka Briaunna Candice (“Defendant”) for subrogation, stemming from an automobile accident between Defendant and an individual insured by Plaintiff’s automobile insurance policy. (Complaint, p. 2.) Plaintiff compensated Insured for her claimed damages in the amount of $10,788.97 and filed the instant claim against Defendant for allegedly causing the damages. (Ibid. pp. 2-3.) On August 19, 2020, Defendant filed an Answer denying all allegations in the Complaint.
On November 12, 2021, Plaintiff and Defendant stipulated to dismiss the action without prejudice pursuant to the Stipulation for Entry of Judgment. (11-10-21 Stipulation.) On November 12, 2021, the Court dismissed the entire case without prejudice, retaining jurisdiction pursuant to Code of Civil Procedure § 664.6. (11-12-21 Order for Dismissal.)
On March 25, 2022, Plaintiff filed the instant Motion to Set Aside Dismissal and Enter Judgment (“Motion”) pursuant to Code of Civil Procedure § 664.6, alleging that Defendant breached the Stipulation Agreement. (Mot. p. 4, Benson Decl. ¶¶ 5-8.) Plaintiff moves to set aside dismissal and enter judgment for the remaining balance of the Stipulation Agreement. (Ibid. ¶ 8.)
No opposition was filed.
II. Legal Standard & Discussion
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 filed a Stipulation for Entry of Judgment (“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. (Motion p. 4, Benson Decl., ¶ 4; Ex. 1 – Stipulation ¶ 11.) Prior to the dismissal of this action, the Stipulation was signed by the parties and submitted to the Court along with an order for dismissal. (Mot. p. 10; 11-10-21 Stipulation and Order.) On November 12, 2021, the Court entered the order for dismissal with the Court retaining jurisdiction pursuant to Code of Civil Procedure § 664.6. 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
Plaintiff and Defendant signed the Stipulation in November 2021. (Motion, Benson Decl. ¶ 4; Ex. 1.) Pursuant to the Stipulation, Defendant would pay Plaintiff a total of $6,634.38 as follows: $4,634.38 to be paid by Defendant’s insurance carrier and $50.00 to be paid by Defendant monthly for a total of $2,000, commencing January 15, 2022, and continuing thereafter on the fifteenth day of each succeeding month until the balance is paid in full. (Benson Decl. ¶ 4; Ex. 1 – Stipulation ¶ 2a.)
The Stipulation provides that “[i]n the event that Defendant shall default by failing to make any payments provided hereunder when due or at all pursuant to paragraph 7 hereinbelow, Plaintiff may immediately cause Judgment to be entered pursuant to the terms set forth in this Stipulation for the full amount of the agreed upon judgment as set forth in Paragraph 1 less any monies paid to date of the breach . . . .” (Benson Decl. ¶¶ 7-8; Ex. 1 - Stipulation ¶ 5.) Paragraph 1 of the Stipulation indicates Plaintiff is to recover from Defendant the sum of $10,788.97 plus costs of suit and prejudgment interest from the date of the loss less any monies paid to date of breach. (Ex. 1 –Stipulation ¶ 1.) Pursuant to paragraph 7 of the Stipulation, Defendant is permitted a fifteen-day grace period for payment of any installment due. (Ex. 1 – Stipulation ¶ 7.) Further, “Plaintiff shall give written notice to Defendant of [her] default; and, Defendant shall then be allowed an additional ten days from the date of said written notice to cure that particular default.” (Ibid.) “Should Defendant fail to cure the default, Plaintiff shall be permitted to request entry of judgment as set forth hereinabove.” (Ibid.)
Defendant’s insurance carrier paid Plaintiff the sum of $4,634.38. (Motion, Benson Decl. ¶ 5.) Defendant failed to make any payments, leaving a balance of $2,000.00. (Ibid.) Plaintiff’s counsel sent a notice of default to Defendant on February 9, 2022, at the address provided for in the Stipulation, advising Defendant of her default and the balance then due in the sum of $2,000.00. (Ibid., ¶ 6; Ex. 2.) Defendant has failed to pay any money since the notice of default and has thus, failed to cure the default. (Ibid., ¶¶ 7-8.)
Plaintiff seeks entry of judgment against Defendant in a total amount of $6,364.59, calculated as follows: $6,154.59 for the remaining principal balance ($10,788.97 less payments of $4,634.38); $60 for the cost of this motion; and $150 for the cost of appearing at the hearing on this matter. (Benson Decl. ¶ 8.)
As Defendant has defaulted, Plaintiff is entitled to entry of judgment under the Stipulation and the costs incurred in this action.
On June 30, 2022, the Court continued the hearing on this Motion and ordered Plaintiff to file a supplemental declaration to justify the $150.00 incurred for appearing at the hearing on this matter. (6-30-22 Minute Order.)
On July 19, 2022, Plaintiff filed a Supplemental Declaration stating that Plaintiff incurred $150.00 in fees for having Plaintiff’s counsel’s “office prepare the Motion and attending the Motion hearing” based on Plaintiff’s counsel’s hourly rate of $150.00. (Supplemental Decl. ¶ 4.)
Attorney’s fees are allowable as costs when authorized by contract, statute, or law. (Code Civ. Proc. § 1033.5(a)(10).) Plaintiff has not cited to any authority or contractual provision that demonstrates that it is entitled to attorney’s fees. Therefore, the Court finds that Plaintiff has failed to justify the $150.00 in costs and awards Plaintiff $6,154.59 for the remaining principal balance and $60 for the cost of this motion, for a total of $6,214.59.
Plaintiff’s Motion to Set Aside Dismissal and Enter Judgment is GRANTED.
IV. Conclusion & Order
For the foregoing reasons, Plaintiff State Farm’s Motion to Set Aside Dismissal and Enter Judgment is GRANTED. Judgment of $6,214.59 will be entered against Defendant Briaunna Candice Ellis, aka Briaunna Candice.
Moving party is ordered to give notice.