Judge: Latrice A. G. Byrdsong, Case: 21STLC09135, Date: 2024-05-09 Tentative Ruling

*** Please Note that the Judicial Officer Presiding in Department 25 is Commissioner Latrice A. G. Byrdsong ***
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Case Number: 21STLC09135    Hearing Date: May 9, 2024    Dept: 25

Hearing Date:                         Thursday, May 9, 2024

Case Name:                             State Farm Mutual Automobile Insurance Company v. Edgar Gallardo

Case No.:                                21STLC09135

Motion:                                   Motion to Set Aside Dismissal and Enter Judgment

Moving Party:                         Plaintiff State Farm Mutual Automobile Insurance Company

Responding Party:                   N/A – Unopposed

Notice:                                    OK

Tentative Ruling:                    Motion to Set Aside the Dismissal Entered on 07/03/2023 and to Enter Judgment is GRANTED.

Judgment is entered for Plaintiff and against Defendant in the amount of $4,100.00. 

Plaintiff is ordered to electronically submit a proposed judgment within 10 days of this Court’s ruling.

BACKGROUND

            This is a subrogation action filed by State Farm Mutual Automobile Insurance Company (Plaintiff) against Edgar Gallardo (Defendant) after it was alleged by Plaintiff’s insured that Defendant negligently caused an automobile collision with Plaintiff’s insured. Plaintiff brought suit against Defendant for $10,807.99. (Complaint, ¶ 7-10.) The parties settled. The motion now before the Court is Plaintiff’s Motion to Set Aside Dismissal and Enter Judgment (the Motion). The Motion is unopposed.

DISCUSSION

Legal Standard

            The governing statute here is CCP § 664.6(a) which provides: “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.”

Analysis

            Plaintiff demonstrates that the parties entered into a settlement agreement (the Settlement) with the Court retaining jurisdiction. The Settlement required that Defendant make monthly payments of $100.00 to pay off a sum of $4,500.00. (Declaration of Susan M. Benson, ¶¶ 4-5, Exh. 1.) However, Plaintiff contends that the last payment received was August 11, 2023 (Id., at ¶ 5.) Defendant has only paid a total of $400.00, notwithstanding Plaintiff’s notice of default and attempts to continue the payment plan. (Id., at ¶¶ 6-7, Exh. 2.)  The terms of the Settlement allow for the Court to enter a judgment should the default not be cured. As the default has yet to be cured, the Motion is granted, and judgment entered as of the date of this order.

Conclusion

            Plaintiff’s Motion to Set Aside Dismissal Entered on 07/03/2023 and to Enter Judgment is GRANTED.

            Judgment is entered for Plaintiff and against Defendant in the amount of $4,100.00.

 Plaintiff is ordered to electronically submit a proposed form of judgment within 10 days of this Court’s ruling.

            Moving party is ordered to give notice.