Judge: Layne H. Melzer, Case: 2013-00678977, Date: 2023-05-25 Tentative Ruling

Plaintiff State Farm Mutual Automobile Insurance Company

Motion to Vacate

Plaintiff State Farm Mutual Automobile Insurance Company’s unopposed motion to enter judgment pursuant to Code Civ. Proc., § 664.6 against Defendant Raul Garzon Cortes is granted in part.

Plaintiff has shown: (1) a valid and binding settlement agreement of all or part of the case; (2) the parties agreed to all material settlement terms; (3) it was in writing, signed by the parties themselves; and (4) the settlement agreement was made pending litigation.  (Code Civ. Proc. § 664.6.)  Additionally, Plaintiff has shown that Defendant has breached the settlement agreement by defaulting on payments that were owed. (Mahouz Decl., ¶¶ 8-9)

The stipulation for judgment provides for that defendant is entitled to “interest at the legal rate, and court costs” in addition to the judgment amount. (ROA 21; Mahfouz Decl., ¶ 6, Ex. A.)  It did not provide for an award of attorney fees.  Accordingly, the Court will enter judgment in the amount of $23,272.26.

Plaintiff is to give notice of this ruling.