Judge: Latrice A. G. Byrdsong, Case: 19STLC02921, Date: 2024-04-09 Tentative Ruling

Case Number: 19STLC02921    Hearing Date: April 9, 2024    Dept: 25

Hearing Date:                         Tuesday, April 09, 2024

Case Name:                             STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. CESAR GOMEZ GONZALEZ, and DOES 1-40, inclusive

Case No.:                                19STLC02921

Motion:                                   Motion to Vacate the Dismissal Entered on 09/22/2020, Enforce Settlement Agreement and Enter Judgment

Moving Party:                         Plaintiff State Farm Mutual Automobile Insurance Company

Responding Party:                   None

Notice:                                    OK

 

Tentative Ruling:                    Plaintiff State Farm Mutual Auto Insurance Co.’s Motion to Vacate the Dismissal Entered on 09/22/2020 and Enter Judgment is GRANTED.

 

Judgment on Stipulation (CCP 664.6) is entered for Plaintiff and against the Defendant in the amount of $10,909.63.

 

 

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 March 26, 2024                    [   ] Late          [X] None 

REPLY:                     None filed as of April 02, 2024                      [   ] Late          [X] None 

 

BACKGROUND

 

On March 25, 2019, Plaintiff State Farm Mutual Automobile Insurance (“Plaintiff”) filed an automobile subrogation action against Defendant Cesar Gomez Gonzalez (“Defendant”).

 

Defendant filed his Answer to the Complaint on May 08, 2019.

 

On September 14, 2020, Plaintiff filed a joint stipulation between itself and the Defendant indicating that the parties had reached a settlement in the case for $7,485.94 and requested for the case to be dismissed without prejudice.

 

On September 22, 2020, the Court ordered the dismissal of the case without prejudice pursuant to the Stipulation for Dismissal, with the Court retaining jurisdiction pursuant CCP § 664.6.

 

On January 30, 2024, Plaintiff filed the instant Motion to Vacate Dismissal and Enter Judgment Pursuant to CCP § 664.6.

 

No opposition has been filed.

 

MOVING PARTY POSITION

 

Plaintiff prays for the Court to set aside the dismissal entered on September 22, 2020, and enter judgment against Defendant in the sum of $10,909.63 for the following: the principal amount of $14,936.45 less $6,385.94 in payments made by both Defendant and Defendant’s insurance carrier, plus interest of $995.28, which accrued at the legal rate of 7 percent per annum since the default date of 02/15/2023, $525.75 in costs, and $838.09 in attorney’s fees. Plaintiff brings the motion under CCP §§ 664.6 and 1032, asserting that Defendant has defaulted on his monthly payments under the stipulation, and that despite Plaintiff’s counsel providing several notices regarding the missed payments as required by the Agreement, Defendant failed to remedy his default. Thus, because of the payment default, Plaintiff brings the instant motion.

 

OPPOSITION

 

            No opposition has been filed.

 

REPLY

 

            No reply has been filed.

 

ANALYSIS

 

I.          Legal Standard

Code of Civil Procedure section 664.6 (“CCP § 664.6”) states: “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.” (Code Civ. Proc., § 664.6, subd. (a) [emphasis added].) For purposes of the statute, “a writing is signed by a party if it is signed by any of the following [among other individuals]: (1) ¶ The party. (2) ¶ An attorney who represents the party.” (Code Civ. Proc., § 664.6, subd. (b) [emphasis added].)

 

“On a motion to enforce, the court must determine whether the settlement agreement is valid and binding. [Citation.] The court assesses whether the material terms of the settlement were reasonably well-defined and certain, and whether the parties expressly acknowledged that they understood and agreed to be bound by those terms. [In re Marriage of Assemi (1994) 7 Cal.4th 896, 911.]” (Estate of Jones (2022) 82 Cal.App.5th 948, 952.)

 

The court may interpret the terms and conditions of a settlement (Fiore v. Alvord (1985) 182 Cal.App.3d 561, 566), but the court may not create material terms of a settlement, as opposed to deciding what terms the parties themselves have previously agreed upon (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810).

 

II.        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.) ‘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.’” (Id. (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.’” (Id. (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.’” (Id. (quoting Wackeen, supra, 97 Cal.App.4th at 440).)

 

Here, the parties signed a stipulation containing the parties’ agreement for the Court to retain jurisdiction under Code of Civil Procedure §664.6 to enforce the terms of the Stipulation and enter judgment in the event of default. (See 09-14-20 Stipulation.) Before dismissing the action, the parties signed the Stipulation and submitted it to the Court. (Id. at p. 3.) On September 22, 2020, the Court dismissed the entire case without prejudice, according to the Stipulation, and expressly stated that it “shall retain jurisdiction pursuant to CCP § 664.6.” (See 09-22-20 Order Re Settlement p. 2.) Therefore, the Court finds that the Stipulation complies with the requirements under CCP § 664.6, and it has retained jurisdiction to enter judgment pursuant to the parties’ Stipulation in this action.

 

B. Entry of Judgment

 

The Settlement Agreement, filed on September 14, 2020, provides that the parties agreed to settle the matter for a principal sum of $7,485.94, with Defendant’s insurance carrier making an initial payment of 5,085.94. (Richard L. Mahfouz II Decl. ¶ 6, Exh. A.) Defendant would subsequently make monthly payments of $50.00 beginning on September 15, 2020, until the remaining settlement amount of $2,400.00 was paid in full. (Id.) Plaintiff provides the Court with the declaration of its counsel who avers that Defendant’s insurance carrier made the one-time payment of $5,085.94. (Id. ¶ 7.) Counsel states that to date, Plaintiff has only received $1,300.00 from the Defendant who has since defaulted. (Id. ¶ 9.) Counsel further avers that his office provided several written notices regarding the default to the Defendant on 06/06/23, 09/05/23, and 12/01/23 pursuant to the Agreement and that to date Defendant has failed to remedy the default. (Id. ¶¶ 9-10; Exh. B.) Per the Agreement, if no payment correcting the default is made within ten (10) days of issuing written notice, Plaintiff is entitled to file a motion vacating the dismissal and have judgment entered. (Id. ¶ 8; Exh. A p. 7.) Thus, due to Defendant’s failure to comply with the Settlement Agreement, Plaintiff requested that a judgment be entered against the Defendant. (Id. ¶ 11.)

The Court finds the Settlement Agreement valid and enforceable under CCP § 664.6. Here, Plaintiff provides evidence that the Defendant has failed to continue making payments pursuant to the parties’ agreement or cured the default after Plaintiff sent notice. (Mahfouz II Decl. ¶¶ 9-10.) Therefore, since a valid and signed settlement agreement between the parties has been breached, and the Court retains jurisdiction to enter judgment, the motion satisfies the requirements under CCP § 664.6.

Accordingly, Plaintiff’s Motion to Vacate Dismissal and Enter Judgment is GRANTED. Dismissal entered on September 22, 2020, is vacated. Judgment is entered for Plaintiff and against Defendant in the amount of $10,909.63 for the following: the principal amount of $14,936.45 less $6,385.94 in payments made by both Defendant and Defendant’s insurance carrier, plus interest of $995.28, which accrued at the legal rate of 7 percent per annum since the default date of 02/15/2023, $525.75 in cost, and $838.09 in attorney’s fees.

 

III.       Conclusion

           

Plaintiff State Farm Mutual Auto Insurance Co.’s Motion to Vacate the Dismissal Entered on 09/22/2020 and Enter Judgment is GRANTED.

 

Judgment On Stipulation Pursuant to CCP 664.6 is entered for Plaintiff and against the Defendant in the amount of $10,909.63.

Moving party is ordered to give notice.