Judge: Layne H. Melzer, Case: 2021-01190561, Date: 2023-08-31 Tentative Ruling

Plaintiff State Farm Mutual Automobile Insurance Company

Motion to Set Aside/Vacate Dismissal

The unopposed motion by Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) to set aside dismissal of this action entered on 8/29/2022 and enter Judgment against Defendant Luis Alberto Ayala aka Luis Alberto Ayala Arevalo (“Defendant”) is granted.

Plaintiff showed a valid and binding settlement agreement, which included an agreement to all material settlement terms, that was accepted while the action was pending.  (Pillemer Decl., ¶ 3, Exhibit 1.)  Plaintiff showed Defendant did not make the payment due on 5/1/2023 and that Plaintiff provided Defendant with 10 days to cure.  (Id., ¶¶ 3, 5, 6, and 7(d), Exhibit 2.) 

Judgment in the amount of $16,747.69 shall be entered against Defendant.  This includes the principal amount of $22,000, interest in the amount of $4,311.04, attorney’s fees in the amount of $375, costs in the amount of $61.65, and a reduction of $10,000 for payments made.  Plaintiff shall submit a proposed judgment. 

Plaintiff shall give notice.