Judge Lee W. Tsao, Case Number: 21NWCV00150, Date: 2024-11-25 Tentative Ruling

Judge: Lee W. Tsao, Case: 21NWCV00150, Date: 2024-11-25 Tentative Ruling

Case Number: 21NWCV00150 Hearing Date: November 25, 2024 Dept: F

STATE FARM FIRE & CASUALTY INSURANCE COMPANIES v. TRES ESTRELLAS DE ORO, INC.

CASE NO.: 21NWCV00150

HEARING: 11/25/24

This matter will be heard by the Hon. Roger Ito.

Plaintiff STATE FARM FIRE & CASUALTY INSURANCE COMPANIES’ unopposed Motion to Enforce Settlement and Enter Judgment against Defendant TRES ESTRELLAS DE ORO, INC. is GRANTED.

Moving Party to give Notice.

No Opposition filed as of November 20, 2024. Due by November 12, 2024. (CCP §1005(b).)

This action was filed on March 12, 2021.

A Notice of Settlement was filed on February 10, 2022. On March 2, 2022, the Court entered an Order based on the Stipulation re: Settlement and Retention of Jurisdiction filed by the parties. The March 2, 2022 Order indicates that the court reviewed the terms of the settlement, and retained jurisdiction under CCP §664.6.

“If parties to pending litigation stipulate, in a writing signed by the parties outside 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.” (emphasis added.) (CCP. §664.6.)

Plaintiff and Defendant entered into a Stipulated Settlement. The parties requested that this Court retain jurisdiction over the parties to enforce the settlement pursuant to CCP §664.6. Plaintiff has attached a copy of the written agreement between the parties. (See Bemis Decl., Ex. A.)

The Stipulated Settlement indicates that Defendant agreed to make installment payments according to a detailed time-table agreed upon by the parties. (See Bemis Decl., Ex. A, ¶2.)

Defendant defaulted on September 4, 2024. (Bemis Decl. ¶3.) Defendant is in breach of the written settlement agreement entered into by the parties.

The unopposed Motion to Enforce the Settlement Agreement is GRANTED pursuant to CCP §664.6. The Dismissal is set aside. Judgment shall be entered against Defendant TRES ESTRELLAS DE ORO, INC. in the sum of $42,250.00