Judge: Lisa R. Jaskol, Case: BC676030, Date: 2024-05-23 Tentative Ruling
Case Number: BC676030 Hearing Date: May 23, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On September 18, 2017, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action against Defendants Wang Shuxian aka Shuxian Wang (“Wang”) and Does I-V for damages. The complaint demanded $47,843.72.
On March 13, 2018, Plaintiff amended the complaint to include Defendant Yongting Yan (“Yan”) as Doe I.
On May 29, 2018, Wang filed an answer. On February 11, 2019, Wang and Yan filed an amended answer.
On September 3, 2019, Plaintiff filed a notice of settlement.
On January 14, 2020, the Court dismissed Yan with prejudice at Plaintiff’s request.
On March 13, 2020, based on a stipulation between Plaintiff and Wang, 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.
On February 26, 2024, Plaintiff filed a motion to set aside the dismissal and enter judgment against Wang, to be heard on April 26, 2024. The Court continued the hearing to May 23, 2024. Wang did not file an opposition.
No trial date is currently scheduled.
PARTY’S REQUESTS
Plaintiff asks the Court to set aside the dismissal and enter judgment against Wang.
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 Wang stipulated that the Court would dismiss the action without prejudice. In return, Wang agreed to make installment payments to Plaintiff totaling $21,363.99. If Wang failed to make payments, Plaintiff could request the entry of judgment against Wang for the amount still owed.
Wang made payments of $5,550.00. Wang’s insurance carrier Alliance United Insurance Company paid $6,363.99 (the Defendant's policy limits), leaving a balance due and owing of $9,450.00, with the last payment received on June 9, 2023.
Plaintiff sent default payment letters to Wang but Wang did not cure the default. Plaintiff asks the Court to enter judgment in its favor for $47,843.72, less payments received of $11,913.99, for a total principal of $35,929.73, plus filing costs of $72.00, for a total judgment of $36,001.73.
The Court grants the motion, vacates the March 13, 2020 dismissal, and awards Plaintiff $36,001.73 against Wang.
CONCLUSION
The Court GRANTS Plaintiff State Farm Mutual Automobile Insurance Company’s motion to set aside the dismissal and enter judgment. The Court vacates the March 13, 2020 dismissal and awards Plaintiff State Farm Mutual Automobile Insurance Company $36,001.73 against Defendant Wang Shuxian aka Shuxian Wang.
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.