Judge: Katherine Chilton, Case: 21STLC00174, Date: 2023-04-27 Tentative Ruling

Case Number: 21STLC00174     Hearing Date: April 27, 2023    Dept: 25

PROCEEDINGS:      SET ASIDE DISMISSAL AND ENTER JUDGEMENT 

MOVING PARTY:     Plaintiff State Farm Mutual Automobile Insurance Company

RESP. PARTY:            None

SET ASIDE DISMISSAL

(CCP § 664.6) 

TENTATIVE RULING: 

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal and Enter Judgement is GRANTED. Judgment is to be entered against Defendant Cindy Romero in the amount of $4,310.00.  

SERVICE:   

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

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

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

OPPOSITION:           None filed as of April 24, 2023                  [   ] Late            [X] None 

REPLY:                        None filed as of April 24, 2023                  [   ] Late            [X] None 

ANALYSIS: 

                I.Background 

On January 8, 2021, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action against Defendants Adalberto Chavez and Cindy Romero (collectively “Defendants”) seeking damages of $8,500.00. Defendant Romero and Defendant Chavez filed an Answer on February 24, 2021, and March 8, 2021, respectively.

On November 15, 2022, Plaintiff filed a Stipulation Agreement and Stipulation for Dismissal (the “Stipulation”) entered into with Defendant Romero. The Court signed an order pursuant to the Stipulation on November 18, 2022, dismissing the action without prejudice but retaining jurisdiction under Code of Civil Procedure section 664.6. (11/18/21 Order.)

Plaintiff filed the instant Motion to Vacate Dismissal and Enter Judgement (the “Motion”) on March 24, 2023. No opposition was filed.

              II.Legal Standard  

 Under Code of Civil Procedure, section 664.6: 

 
(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.” 

            III.Discussion  

The Stipulation was signed by Defendant Romero on November 5, 2022, by Plaintiff’s authorized representative on November 14, 2022, and by the parties’ counsel. (11/15/22 Stipulation.) The Stipulation provides that Defendant Romero would pay Plaintiff $4,250.00 in full settlement of Plaintiff’s action by and as follows: an initial lump sum payment of $1,000.00 on or before December 15, 2022; then, beginning January 15, 2022, thirteen (13) monthly payments of $250.00 due on the same day of each month thereafter until the total amount is paid in full. (Ibid.) Failure to make a timely payment constitutes a material breach. (Ibid.) In such event, Plaintiff will mail Defendant Romero a letter advising that a payment has not been received. (Ibid.) If a payment is not made within 14 days, then Plaintiff is entitled to have any dismissal set aside and judgement entered for the settlement amount, minus credit for payments received, plus any costs associated with entering the judgement not to exceed $500. (Ibid.)  

The Court finds the Stipulation to be valid and enforceable under Code of Civil Procedure section 664.6. Plaintiff provides evidence that Defendant Romero did not make any payments. (Mot., Reese Decl., ¶ 4.) Plaintiff’s counsel sent Defendant Romero a letter regarding her default on January 30, 2022, but the default was not cured. (Id. at ¶ 5, Exh. “C.”)  

Plaintiff requests that a judgment of $4,250.00, less the later payments of $0.00, plus costs of $60.00, for a total judgement of $4,310.00 be entered against Defendant Romero. (Id. at ¶ 7.) Plaintiff’s request is GRANTED.  

           IV.Conclusion & Order

 For the foregoing reasons, Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal and Enter Judgement is GRANTED. Judgment is to be entered against Defendant Cindy Romero in the amount of $4,310.00.  

Moving party is ordered to give notice.