Judge: Lisa R. Jaskol, Case: 20STCV25822, Date: 2024-08-06 Tentative Ruling

Case Number: 20STCV25822    Hearing Date: August 6, 2024    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On July 8, 2020, Plaintiff Financial Indemnity Company (“Plaintiff”) filed this action against Defendants SOS Motors Inc. (“Defendant”) and Does 1-25 for unjust enrichment and declaratory relief.  The complaint demanded $7,343.80 and requested “a judicial determination pursuant to California Vehicle Code Section 22524.5 as to the amount constituting a reasonable fee to be paid to Defendant for storage and tear down fees of a 2015 Mercedes Benz, California License No. 8HBZ488 (‘the subject vehicle’), which was insured by Plaintiff at all relevant times herein.” 

On December 23, 2021, Plaintiff filed a first amended complaint changing the amount demanded to $26,225.80. 

On February 8, 2022, Plaintiff filed a “Stipulation for Settlement and Order for Dismissal Pursuant to C.C.P. § 664.6.” 

On April 28, 2022, the Court dismissed the case without prejudice “per settlement.” 

On June 15, 2023, Plaintiff filed a motion to vacate the dismissal and enter judgment under Code of Civil Procedure section 664.6.  The motion was set for hearing on June 12, 2024.  The Court continued the hearing to August 6, 2024.  Defendant has not filed an opposition.

No trial date is currently set. 

PARTY’S REQUESTS 

Plaintiff asks the Court to vacate the judgment of dismissal and enter judgment against Defendant. 

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 it owed Plaintiff. 

Defendant made monthly payments totaling $8,000.00 but then defaulted on its payment obligation.  Plaintiff’s counsel sent a default payment email to Defendant on December 5, 2022 advising Defendant that it was in default.  Defendant has failed to bring its payments current.

Because Defendant did not cure the default, Plaintiff asks the Court to enter judgment in Plaintiff’s favor for $6,060.00, representing the original amount owed of $14,00.00, less $8,000.00 in payments by Defendant, plus $60.00 in costs.  The Court grants the motion. 

CONCLUSION 

The Court GRANTS Plaintiff Financial Indemnity Company’s motion to set aside the dismissal and enter judgment.  The Court vacates the April 28, 2022 dismissal and awards Plaintiff Financial Indemnity Company $6,060.00 against Defendant SOS Motors Inc. 

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.