Judge Mark E. Windham, Case 18STLC13938 2023-05-01 Tentative Ruling

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Interinsurance Exchange of the Automobile Club v. Ghorbani, et al.

MOTION TO ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Vacate Dismissal, Enforce Settlement Agreement and Enter Judgment is GRANTED IN THE AMOUNT OF $10,967.02 PRINCIPAL and $370.00 IN COSTS.

Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Mehdi Ghorbani (“Defendant”) and Madina Buiucli on November 13, 2018. On October 12, 2021, Plaintiff dismissed Madina Buiucli from the action.

On October 29, 2021, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court granted the request for dismissal with retention of jurisdiction on the same date. (Stip and Order for Dismissal, 10/29/21.)

Plaintiff filed the instant motion to vacate dismissal, enforce settlement and enter judgment on March 21, 2023. No opposition has been filed to date.

The motion is brought under Code of Civil Procedure, section 664.6, which states in relevant part:

If 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, subd. (a).) Prior to January 1, 2021, “parties” under section 664.6 meant the litigants themselves, not their attorneys. (Levy v. Superior Court (1995) 10 Cal.4th 578, 586.) The current statute provides that “parties” includes “an attorney who represents the party” and an insurer’s agent. (Code Civ. Proc., § 664.6, subd. (b).) The settlement must include the signatures of the parties seeking to enforce the agreement, and against whom enforcement is sought. (J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 Cal.App.4th 974, 985.) The settlement agreement here complies with the statutory requirements set forth above because it was signed by both parties and Plaintiff’s counsel. (Motion, McClain Decl., Exh. A, p. 4.)

The request for retention of jurisdiction must also be made in writing, by the parties, before the action is dismissed for the Court’s retention of jurisdiction to conform to the statutory language. (Wackeen v. Malis (2002) 97 Cal.App.4th 429, 433 [“If, after a suit has been dismissed, a party brings a section 664.6 motion for a judgment on a settlement agreement but cannot present to the court a request for retention of jurisdiction that meets all of these requirements, then enforcement of the agreement must be left to a separate lawsuit.”].) The parties’ request for retention of jurisdiction complies with these requirements because it was made in writing to the Court before the action was dismissed. (Motion, McClain Decl., Exh. A, pp. 2:18-3:6.) Therefore, the Court finds that the parties’ settlement agreement is enforceable, and the request for the Court’s retention of jurisdiction is proper, under Code of Civil Procedure section 664.6.

The settlement agreement provides that Defendant would pay Plaintiff $18,000.00 by way of a $5,000.00 payment from insurance and a $5,000.00 lump sum payment, followed by monthly payments starting on April 1, 2021. (Id. at Exh. A, pp. 1:18-2:8.) The settlement agreement also provides that if Defendant defaults, judgment in the demand of the Complaint ($23,667.02), plus costs, less monies paid, may be entered in Plaintiff’s favor. (Id. at Exh. A, pp. 2:18-22.) Defendant made total payments in the amount of $12,700.00 and thereafter defaulted. (Id. at ¶4-5.) Therefore, Plaintiff seeks an order entering judgment against Defendant based on the settlement amount of $10,967.02 ($23,667.02 - $12,700.00) plus costs of $370.00, for a total of $11,337.02. (Id. at ¶5.)