Judge: Lisa R. Jaskol, Case: 20STCV45761, Date: 2024-05-20 Tentative Ruling

Case Number: 20STCV45761    Hearing Date: May 20, 2024    Dept: 28

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

BACKGROUND 

On December 1, 2020, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action against Defendants Dyan Michelle Castro aka Dyan Michelle Sandoval (“Castro”), Julian Hernandez (“Hernandez”), and Does I-V for damages.  The complaint demanded $85,009.65. 

On February 24, 2021, Castro and Hernandez filed an answer. 

On July 2, 2021, the Court dismissed Hernandez without prejudice at Plaintiff’s request. 

On August 23, 2023, the Court dismissed the case without prejudice based on the parties’ stipulation.  The Court retained jurisdiction to enforce the terms of the settlement under Code of Civil Procedure section 664.6. 

On February 26, 2024, Plaintiff filed a motion to set aside the dismissal and to enter judgment under Code of Civil Procedure section 664.6., to be heard on May 20, 2024.  

No trial date is currently scheduled. 

PARTY’S REQUESTS 

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

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 Castro stipulated that the Court would dismiss the action without prejudice.  In return, Castro agreed to pay Plaintiff $20,000.00 in monthly payments of $50.00 for 48 months and then $100.00 until the amount owed was paid in full. 

Castro’s insurer paid Plaintiff $5,000.00, leaving a balance of $15,000.00.  Plaintiff’s counsel sent a default payment letter to Castro on August 3, 2023 advising Castro that she was in default on the $15,000.00 balance owed.  Castro has paid nothing to Plaintiff since Plaintiff sent the notice of default. 

Because Castro did not cure the default, Plaintiff asks the Court to enter judgment in Plaintiff’s favor for $15,072.00, consisting of the $15,000.00 settlement balance and $72.00 in costs.  The Court grants the motion. 

CONCLUSION 

The Court grants the motion, vacates the dismissal, and awards Plaintiff State Farm Mutual Automobile Insurance Company $15,072.00 against Defendant Dyan Michelle Castro aka Dyan Michelle Sandoval. 

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.