Judge: Lee S. Arian, Case: 20STCV15699, Date: 2023-12-12 Tentative Ruling

Case Number: 20STCV15699    Hearing Date: December 12, 2023    Dept: 27

State Farm Mutual Automobile Insurance Company v. Annette Espino, et al.

CASE NUMBER: 20STCV15699

[UNOPPOSED]

Motion – Plaintiff’s Motion to Vacate Dismissal and Enter Judgment

TENTATIVE

            Plaintiff’s Motion to Vacate Dismissal and Enter Judgment Pursuant to CCP § 664.6 is GRANTED and judgment is entered in favor of Plaintiff for the settlement amount, minus credit for payments received.   

Background

            State Farm Mutual Automobile Insurance Company (“Plaintiff”) commenced this suit as a subrogation action on April 24, 2022 after Annette Espino Gonzalez (“Defendant”) caused an automobile collision with Plaintiff’s insured person, John Payaslyan. (Complaint, ¶ 6.) The parties settled and dismissed the case pursuant to a settlement agreement (“agreement”). The agreement stated that settlement and dismissal was contingent on Defendant making payments of $300 a month until the settlement amount of $7,000.00^[1] owed by Defendant was fulfilled. (Declaration of Harlan M. Reese, hereinafter, “Reese Dec.”, Exh. A.)

            Defendant defaulted on those payments and Plaintiff has now filed the current motion before the Court, a Motion to Vacate Dismissal and Enter Judgment Pursuant to CCP § 664.6 (“Motion”). The Motion is unopposed.

Discussion

Legal Standard

            “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.” (CCP § 664.6(a).)

Analysis

            Although the “general rule” is that “once a person has been dismissed from an action he is no longer a party and the court lacks jurisdiction to conduct any further proceedings as to him,” the rule has exceptions. (Wong v. Tai Jing (2010) 189 Cal.App.4th 1354, 1364.) One of those exceptions is when the parties request the court to retain jurisdiction over the parties, as they have done here.

            Plaintiff files this Motion in accordance with the agreement between the parties which states that Plaintiff may file to have the dismissal set aside and have judgment entered for the settlement amount, minus credit for payments received, if Defendant defaults. (Reese Dec., Exh. A.) In accordance with the agreement, Plaintiff mailed Defendant a letter, informing them that they were in default with their payments. It appears that no response nor further payment was ever received. Therefore, the Motion is granted, and judgment is entered in favor of Plaintiff for the settlement amount, minus credit for payments received.   

Conclusion

            Accordingly, Plaintiff’s Motion to Vacate Dismissal and Enter Judgment Pursuant to CCP § 664.6 is GRANTED and judgment is entered in favor of Plaintiff for the settlement amount, minus credit for payments received.   

Moving party is ordered to give notice.