Judge: Lisa R. Jaskol, Case: 21STCV19527, Date: 2024-05-22 Tentative Ruling
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Case Number: 21STCV19527 Hearing Date: May 22, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On May 24, 2021, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action against Defendants Gerardo Prado, Reliable Environmental Services, Inc. (“Reliable”), and Does 1-10 for subrogation. The complaint demanded damages of $43,296.79, interest at the rate of 10% per annum from June 10, 2020, and costs of suit.
On July 29, 2021, Plaintiff filed a notice of settlement.
On November 29, 2021, based on a stipulation between Plaintiff and Reliable, the Court dismissed the case without prejudice and retained jurisdiction under Code of Civil Procedure section 664.6 to enforce the terms of the settlement. The stipulation stated that if Reliable defaulted on the terms of the settlement, “judgment may be entered forthwith in favor of [Plaintiff] and against [Reliable] for damages in the principal sum of $43,296.79 plus interest at the rate of ten percent (10%) from June 10, 2020 and court costs,” less credit for Reliable’s payments to Plaintiff before the default.
On March 18, 2024, Plaintiff filed a motion to vacate the dismissal, enforce the settlement, and enter judgment against Reliable, to be heard on May 22, 2024. Reliable did not file an opposition.
No trial date is currently scheduled.
PARTY’S REQUESTS
Plaintiff asks the Court to vacate the dismissal, enforce the settlement, and enter judgment against Reliable.
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 Reliable stipulated that the Court would dismiss the action without prejudice. In return, Reliable agreed to make installment payments to Plaintiff totaling $43,296.96. If Reliable failed to make payments, Plaintiff could request the entry of judgment against Reliable for the amount still owed.
Reliable made $7,608.08 in payments to Plaintiff but then defaulted. Plaintiff asks the Court to enter judgment against Reliable and award $42,930.01. Plaintiff’s counsel has submitted a declaration stating that the amount of the requested judgment “is calculated pursuant to paragraphs, 1, 4, and 5 of the Stipulation as follows: as follows: $35, 688.71 unpaid principal; $6,717.30 interest at the rate of 5% per annum on the unpaid principal; $524.00 costs for filing and service of process.”
Under the stipulation, the declaration of Plaintiff’s counsel “shall be conclusive proof of the fact of default of [Reliable] and of the amount then owing by [Reliable] to [Plaintiff].” (Stipulation ¶ 8.)
The Court grants the motion, vacates the November 29, 2021 dismissal, and awards Plaintiff $42,930.01 against Reliable.
CONCLUSION
The Court GRANTS the motion to vacate the dismissal, enforce the settlement, and enter judgment filed by Plaintiff State Farm Mutual Automobile Insurance Company. The Court vacates the November 29, 2021 dismissal and awards Plaintiff State Farm Mutual Automobile Insurance Company $42,930.01 against Reliable Environmental Services, 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.