Judge: Lee W. Tsao, Case: 22NWCV01223, Date: 2025-02-11 Tentative Ruling

Case Number: 22NWCV01223    Hearing Date: February 11, 2025    Dept: F

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. RODRIGUEZ

CASE NO.: 22NWCV01223

HEARING:  February 11, 2025 @ 10:30 a.m.

#19

TENTATIVE ORDER

Plaintiff State Mutual Insurance Automobile Insurance Company’s Motion to Set Aside Dismissal and Enter Judgment against Defendant Reigan Michelle Rodriguez in the amount of $12,500.00 is GRANTED.

Plaintiff to give notice.

Background

This is a motor vehicle insurance action. Plaintiff State Mutual Insurance Automobile Insurance Company (“Plaintiff”) filed this action against Defendant Reigan Michelle Rodriguez (“Defendant”). The Complaint alleges Defendant negligently collided into Michael Vincent Tupaz, the insured. The Complaint seeks damages in the sum of $30,551.19.

On April 10, 2024, the parties filed a Stipulation for Entry of Judgment in which Defendant agreed to have judgment entered in Plaintiff’s favor in the sum of $17,500.00.

On April 15, 2024, the Court granted Order for Dismissal.

Plaintiff now moves to set aside the dismissal and enter judgment pursuant to Code of Civil Procedure section 664.

No opposition has been filed as of February 10, 2024.

Legal Standard

Code of Civil Procedure section 664.6 provides the following:

“(a) 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.

(b) For purposes of this section, a writing is signed by a party if it is signed by any of the following:

(1) The party.

(2) An attorney who represents the party.

(3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf.”

(Code Civ. Proc., § 664.6.)

Discussion

Plaintiff asserts that Defendant breached the settlement agreement entered between the parties, by which Defendant would pay $17,500.00 in monthly installments of $100.00. (Benson Decl., ¶¶ 4-5.) Defendant’s insurance carrier paid a total of $5,000.00 (per Defendant’s policy limit) in April 2024, leaving a balance due of $12,500.00. (Benson Decl., ¶ 5.) On October 1, 2024, Plaintiff sent a letter to Defendant regarding the default. (Benson Decl., ¶ 6, Exh. 2.) Defendant has then since failed to pay the remaining balance. (Benson Decl., ¶ 7.) Plaintiff requests that the Court set aside the dismissal and enter judgment in its favor in the total sum of $12,500.00.

The Court finds the parties signed a written settlement stipulation whereby Defendant would pay $17,500.00 to Plaintiff. The stipulation allowed the Court to retain jurisdiction under Code of Civil Procedure section 664.6. (Benson Decl., ¶ 4, Exh. 1.) The Court finds Defendant has defaulted and currently owes $12,500.00 to Plaintiff. The Court now exercises its jurisdiction to enforce the terms of the settlement stipulation.

Accordingly, Plaintiff’s Motion to Set Aside Dismissal and Enter Judgment against Defendant in the amount of $12,500.00 is GRANTED.