Judge: Katherine Chilton, Case: 21STLC02269, Date: 2023-05-08 Tentative Ruling

Case Number: 21STLC02269     Hearing Date: May 8, 2023    Dept: 25

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

MOVING PARTY:   Plaintiff State Farm Mutual Automobile Insurance Company

RESP. PARTY:         None

MOTION TO ENFORCE SETTLEMENT

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate the Dismissal, Enforce Settlement, and Enter Judgment is GRANTED. Judgment is to be entered against Defendant Mario Ortiz-Benavente in the amount of $1,060.00

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 May 2, 2023                [   ] Late                      [X] None

REPLY:                     None filed as of May 2, 2023                [   ] Late                      [X] None

ANALYSIS:

I.                Background

On March 18, 2021, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed an action against Defendant Mario Ortiz-Benavente (“Defendant”). Defendant filed an Answer on May 27, 2021.

Plaintiff filed a Stipulation and Order for Dismissal with Reservation to Vacate and Enter Judgment Upon Breach (the “Stipulation”) on July 14, 2022. Thereafter, on July 19, 2022, the Hon. Katherine Chilton signed an order dismissing the action but retaining jurisdiction under Code of Civil Procedure section 664.6 (7/19/22 Order.)

Plaintiff filed the instant Motion to Vacate the Dismissal, Enforce Settlement Agreement, and Enter Judgment (the “Motion”) on April 7, 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 filed by Plaintiff was signed by Defendant on July 14, 2022, and by Plaintiff’s authorized representative, by Plaintiff’s counsel, and by Defendant’s counsel on the same day. (7/14/22 Stipulation.) It provides that the matter would be settled for $10,250.81, of which $9,250.81 would be paid by July 30, 2022, and the remaining balance by Defendant at a rate of $25.00 per month beginning August 1, 2022 until paid in full. (Id. at ¶ 2) Failure to make a timely payment constitutes a default of the parties’ agreement. (Id. at ¶ 3) In the event of default, Plaintiff must provide Defendant with written notice of the default. (Ibid.) Defendant has fourteen days thereafter to remedy the default. (Ibid.) Failure to remedy the default entitles Plaintiff, by noticed motion, to seek the entry of judgment against Defendant, without further notice, in the amount of the settlement amount, minus any credit for payments received,  plus costs associated with entering the judgment. (Ibid.)

The Court finds the Stipulation to be valid and enforceable under Code of Civil Procedure § 664.6. Plaintiff provides evidence that Defendant’s insurer made a payment of $9,250.81. (Mot., Reese Decl., ¶ 4.) As of the date this Motion was filed, however, Plaintiff had not received any payments from Defendant. (Id. at ¶ 5.) Plaintiff’s counsel’s office sent a notice of default to Defendant on February 27, 2023. (Id. at ¶ 6, Exh. C.) Defendant did not remedy the default. (Id. at ¶ 7.) Plaintiff requests that a judgment of $1,060, based $10,250.81, less the later payments of $9,190.81, be entered against Defendant. (Mot., pg. 2, Reese Decl., ¶ 8.)  (Plaintiff also asks for court costs in the amount of $60 but then failed to include them in the total so the Court excludes them here.)

Plaintiff’s request is GRANTED.

IV.           Conclusion & Order

For the foregoing reasons, Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate the Dismissal, Enforce Settlement, and Enter Judgment is GRANTED. Judgment is to be entered against Defendant Mario Ortiz-Benavente in the amount of $1,060.00.

Moving party is ordered to give notice.