Judge: Lisa R. Jaskol, Case: 21STCV10523, Date: 2024-01-08 Tentative Ruling

Case Number: 21STCV10523    Hearing Date: January 8, 2024    Dept: 28

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

BACKGROUND 

On March 18, 2021, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action against Defendants Jocelyn Bayloe (“Defendant”) and Does 1-10 for subrogation.  The complaint demanded $34,173.92. 

On April 29, 2021, Defendant filed an answer. 

On August 29, 2022, Plaintiff filed a notice of settlement. 

On September 28, 2022, Plaintiff filed the parties’ stipulation to dismiss the case without prejudice.  The stipulation asked the Court to retain jurisdiction to enforce the parties’ settlement agreement under Code of Civil Procedure section 664.6. 

On October 21, 2022, the Court dismissed the action without prejudice and retained jurisdiction under Code of Civil Procedure section 664.6. 

On September 11, 2023, Plaintiff filed a motion to vacate the dismissal and enter judgment against Defendant.  Defendant has not filed an opposition. 

PARTY’S REQUESTS 

          Plaintiff asks the Court to vacate the 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 shall pay plaintiff$16,951.57 (the settlement amount) in full settlement of this action by as follows: An initial payment of $8,451.57 shall be made by Defendant's Insurance Carrier on or before October 01, 2022; then, beginning October 01, 2022, eighty-five (85) monthly payments of $100.00 shall be made with all subsequent payments being due on the same day of each month thereafter until the settlement amount of $8,500.00 is paid in full.”  The stipulation also provided: 

“If defendant fails to make a timely payment, said failure is a material breach. In such event, plaintiff will mail defendant a letter advising that a payment has not been received. If the payment is not made within 14 days, then plaintiff will be entitled to have any dismissal in this action set aside and judgment entered for the settlement amount, minus credit for payments received, plus any costs associated with entering the judgment not to exceed $500. Plaintiff shall be entitled to said judgment upon submission of a declaration by plaintiff’s counsel showing the breach and requesting that judgment be entered. Plaintiff shall provide written notice of such request to defendant. Defendant may cure the default(s) by bringing all payments current prior to entry of judgment and submitting such proof to plaintiff’s counsel and the Court before entry of judgment. Otherwise, judgment shall be entered as set forth in this paragraph. The parties stipulate that the court shall retain jurisdiction pursuant to CCP 664.6 to enforce this agreement. If any term in this agreement is determined to be unenforceable because it is in conflict with the law, this agreement is still enforceable, but such term shall be deemed to be modified so that it is in compliance with the law to give force and effect to the spirit of this agreement.” 

Based on the stipulation, the Court dismissed the action without prejudice and retained jurisdiction under Code of Civil Procedure section 664.6. 

Defendant’s insurance carrier paid Plaintiff $8,451.57.  However, Defendant failed to make any monthly payments under the stipulation.  On or about August 9, 2023, Plaintiff mailed Defendant a default letter regarding the missed payments.  Defendant did not make payment within 14 days. 

Plaintiff argues that, under the terms of the stipulation, the Court should set aside the dismissal and enter judgment for Plaintiff in the amount of $9,010.00, which represents the judgment amount of $16,951.57, reduced by the payment of $8,451.57, and increased by Plaintiff’s court costs of $510.00 (consisting of a $370.00 complaint filing fee, $80.00 service of process fee, and $60.00 motion fee). 

The Court grants the motion, vacates the dismissal, and enters judgment for Plaintiff in the amount of $9,010.00. 

CONCLUSION 

The Court GRANTS Plaintiff State Farm Mutual Automobile Insurance Company’s motion to vacate dismissal and enter judgment.  

The Court VACATES the dismissal entered on October 21, 2022.  

The Court enters judgment against Defendant Jocelyn Bayloe in the amount of $9,010.00. 

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.