Judge Mark E. Windham, Case Number: 19STLC02088, Date: 2024-09-24 Tentative Ruling

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Amica Mutual Ins. Co. v. Laborman, et al

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

Plaintiff Amica Mutual Insurance Company’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN PLAINTIFF’S FAVOR AND AGAINST DEFENDANT BRADLEY J. LABORMAN IN THE AMOUNT OF $7,138.21 PRINCIPAL and $720.95 COSTS.

On February 27, 2019, Plaintiff Amica Mutual Insurance Company (“Plaintiff”) filed this subrogation action against Defendant Bradley J. Laborman (“Defendant”). Defendant filed an answer on February 18, 2020. On August 24, 2021, Plaintiff filed a copy of the parties’ settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on the same date. (Order for Dismissal, 08/24/21.)

On July 8, 2024, Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement, and Enter Judgment. To date, no opposition has been filed.

The instant 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 complies with the statutory requirements set forth above because it was signed by both parties and their attorneys. (Motion, Benson Decl., Exh. 1, p. 4.)

The settlement provides that Defendant would pay Plaintiff $7,766.00 through an initial payment from Defendant’s insurer of $4,066.00, followed by Defendant’s monthly payments starting on October 1, 2021. (Id. at Exh. 1, ¶2.) The settlement agreement also provides that in the event of Defendant’s default, Plaintiff may seek judgment in the demand of the Complaint ($12,583.98), less any monies paid. (Id. at ¶¶1, 5.) Payments of $5,445.77 were made towards the settlement, after which Defendant defaulted. (Id. at ¶¶5-9 and Exh. 2.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendant in the amount of $7,138.21 principal ($12,583.98- $5,445.77) and $720.95 in costs. (Id. at ¶9.)