Judge Katherine Chilton, Case 20STLC02366 2022-09-06 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 25 at the Spring Street Courthouse up until the morning of the motion hearing. The e-mail address is SSCdept25@lacourt.org. The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.
Due to overcrowding concerns of COVID-19, all parties shall make every effort to schedule a remote appearance via LACourtConnect (https://my.lacourt.org/laccwelcome) for their next hearing. The parties shall register with LACourtConnect at least 2 hours prior to their scheduled hearing time. **Please note we no longer use CourtCall**

Plaintiff Amica Mutual Insurance Company’s Motion to Set Aside/Vacate Dismissal and Enter Judgment[1] is DENIED.

On March 10, 2020, Plaintiff Amica Mutual Insurance Company (“Plaintiff”) filed a complaint against Defendant Bryan Gilberto Hernandez (“Defendant”) for subrogation, stemming from an automobile accident between Defendant and an individual insured by Plaintiff’s automobile insurance policy. (Complaint, pp. 2-3.) Plaintiff compensated insured for claimed damages in the amount of $19,487.27 and filed the instant action against Defendant for allegedly causing the damages. (Ibid. pp. 2-3.). On June 15, 2020, Defendant filed an Answer denying all allegations in the Complaint.

On August 19, 2021, Plaintiff filed a Notice of Settlement with the Court. On August 20, 2021, the Court scheduled a hearing for Order to Show Cause Re: Dismissal (Settlement) for January 13, 2022. On September 30, 2021, Plaintiff filed Judicial Council Form CIV-110, Request for Dismissal with prejudice of the “entire action of all parties and all causes of action.” (9-30-21 Request for Dismissal.) Dismissal was entered on October 13, 2021.

On April 28, 2022, Plaintiff filed the instant Motion to Set Aside Dismissal and Reinstate Case and Motion for Order for Entry of Judgment Upon Signed Stipulation of Parties (the “Motion”).

On August 2, 2022, the Court, on its own motion, continued the hearing on the Motion to provide Plaintiff with additional time to serve Defendant at the correct address and show that parties had expressly requested the Court to retain jurisdiction in case of default.

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:

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

On August 2, 2022, the Court noted that Plaintiff had served Defendant with the Notice of Motion and Motion at the Defendant’s counsel’s old address. (8-2-22 Minute Order.) On May 7, 2021, Defendant’s counsel had filed a Notice of Change of Address and served it electronically on Plaintiff’s counsel. The Court continued the hearing on the Motion and ordered Plaintiff to file and serve the Notice of the Motion, Motion, and supplemental documents on the Defendant at counsel’s updated address. (8-2-22 Minute Order.)

The Court also noted that there was no evidence that the parties had made a clear and express request for the Court to retain jurisdiction over the matter. (Ibid.)

To date, Plaintiff has not filed any supplemental papers, as ordered by the Court. Therefore, Plaintiff’s Motion is DENIED.

For the foregoing reasons, Plaintiff Amica Mutual Insurance Company’s Motion to Set Aside/Vacate Dismissal and Enter Judgment is DENIED.

[1] The title of Plaintiff’s motion is Motion to Set Aside Dismissal and Reinstate Case and Motion for Order for Entry of Judgment Upon Signed Stipulation of Parties. The Court will refer to the Motion as Motion to Set Aside/Vacate Dismissal and Enter Judgment for purposes of brevity.