Judge: Lisa R. Jaskol, Case: 19STCV18412, Date: 2024-08-09 Tentative Ruling
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Case Number: 19STCV18412 Hearing Date: August 9, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On May 28, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a complaint against Defendants Derick Carcamo (“Defendant”) and Does 1-10 for subrogation. The complaint demanded $31,138.99.
On October 17, 2019, Defendant filed an answer.
On August 8, 2023, Plaintiff filed a notice of settlement.
On December 7, 2023, Plaintiff filed a Stipulation for Dismissal With Reservation to Vacate and Enter Judgment Upon Breach under Code of Civil Procedure section 664.6. Based on the stipulation, the Court dismissed the case without prejudice and retained jurisdiction under Code of Civil Procedure section 664.6.
On June 4, 2024, Plaintiff filed a motion to vacate the dismissal and enter judgment under Code of Civil Procedure section 664.6. Plaintiff did not file an opposition.
PARTY’S REQUEST
Plaintiff asks the Court to vacate the dismissal and enter judgment against Defendant for $8,084.50.
LEGAL STANDARD
Code of Civil Procedure section 664.6 provides in part:
“(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, subds. (a), (b).)
DISCUSSION
Plaintiff and Defendant stipulated that the Court would dismiss the action without prejudice. In return, Defendant agreed to make specified monthly payments to Plaintiff until Defendant paid the amount he owed Plaintiff.
Defendant’s insurance carrier made a payment of $8,888.57 but Defendant then defaulted on his payment obligation. Plaintiff’s counsel sent a default payment letter to Defendant on April 23, 2024 advising Defendant that he was in default. Defendant has failed to bring his payments current.
Because Defendant did not cure the default, Plaintiff asks the Court to enter judgment in Plaintiff’s favor for $8,084.50, consisting of $16,388.57, less the payment of $8,888.57, plus costs of $584.50. The Court grants the motion.
CONCLUSION
The Court GRANTS Plaintiff State Farm Mutual Automobile Insurance Company’s motion to vacate the dismissal and enter judgment. The Court vacates the December 7, 2023 dismissal and awards Plaintiff State Farm Mutual Automobile Insurance Company $8,084.50 against Defendant Derick Carcamo.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file the proof of service of this ruling with the Court within five days.