Judge: Lynne M. Hobbs, Case: 22STCV02902, Date: 2024-03-07 Tentative Ruling

Case Number: 22STCV02902    Hearing Date: March 7, 2024    Dept: 30

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE vs LUIS ARTIGA FLORES, et al.

TENTATIVE

Plaintiff’s Motion to Enforce the Settlement and Enter Judgment is GRANTED.  Moving party to give notice.

Legal Standard

CCP section 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside 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.” (Code Civ. Proc., § 664.6.)

Discussion

Plaintiff moves for an order pursuant to Code of Civil Procedure section 664.6 to enforce the settlement against Defendants. On June 20, 2022, the parties negotiated a settlement for $15,000 by way of stipulation for entry of judgment and installment payments, whereby judgment was stayed and Defendants agreed to make monthly payments to Plaintiff. (Tapper Decl., Exh. A.) Defendant made $700 in payments but stopped making payments in March of 2023.

Here, pursuant to paragraph 2 of the parties’ settlement agreement, Defendant was to pay Plaintiff $100 before the 18th of each month from May 18, 2022, to October 18, 2034. (Id., Exh. A.) Upon timely and prompt payments of the installments totaling $15,000, Plaintiff shall dismiss the case. (Id.) The amount being paid under the agreement is a negotiated amount, and does not reflect the amount actually owed by Defendant. Defendant acknowledges that $55,918.71, plus interest from January 25, 2022 and court costs is the amount due and owing. (Id.) Upon the failure of Defendant to make the installment payments, Plaintiff may cause this Stipulation to be filed with the court, reciting such default in payment and setting forth the full amount then owing, that is, the amount set forth in Paragraph 1 ($55,918.71), less credit for all payments made prior to default, plus any additional court costs incurred by Plaintiff. (Id.) Upon the filing of the Stipulation and Declaration as set forth in Paragraph 5 above, judgment may be rendered thereon by a judge of said court or a duly appointed commissioner of said court.

Further, the parties stipulated that the Court may dismiss the case and retains jurisdiction to enforce the settlement pursuant to Code of Civil Procedure section 664.6. (Id.)

Defendants made payments amounting to $700, but defaulted in March of 2023. (Tapper Decl., ¶ 3.)

Pursuant to the Stipulation, Plaintiff requests that Judgment be entered against Defendants, in the sum amount of $66,178.60. Said amount is calculated as follows: $55,218.71 unpaid principal; $10,589.89 interest at the rate of 10% per annum on the unpaid principal; $370.00 costs for filing and service of process.

Based on the foregoing, the motion is GRANTED. Judgment is entered against Defendants in the amount of $66,178.60.