Judge: Mark E. Windham, Case: 20STLC08224, Date: 2022-08-31 Tentative Ruling

Case Number: 20STLC08224    Hearing Date: August 31, 2022    Dept: 26

PROCEEDINGS:     MOTION TO ENFORCE SETTLEMENT AND ENTER JUDGMENT AGAINST DEFENDANT [CCP § 664.6]

MOVING PARTY:   Plaintiff Amica Mutual Insurance Company

RESP. PARTY:         None

ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Amica Mutual Insurance Company’s Motion to Enforce Settlement Agreement is GRANTED IN THE AMOUNT OF $4,290.13 PRINCIPAL, $310.00 COSTS, $225.00 FIRST APPEARANCE FEE, AND INTEREST AT SEVEN PERCENT PER ANNUM FROM AUGUST 4, 2021.

SERVICE: 

[X] Proof of Service Timely Filed (CRC 3.1300) OK

[X] Correct Address (CCP 1013, 1013a) OK

[X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK

SUMMARY OF COMPLAINT: Action for automobile subrogation.

RELIEF REQUESTED: Plaintiff moves for an order entering judgment against Defendant pursuant to the terms of the parties’ settlement agreement.

OPPOSITION: None filed as of August 29, 2022.

REPLY: None filed as of August 29, 2022.

ANALYSIS:

Plaintiff Amica Mutual Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Richard Anthony Avalos Lopez (“Defendant”) on September 30, 2020. On February 16, 2022, Plaintiff filed a Notice of Settlement of Entire Action.

Plaintiff filed the instant Motion to Enforce Settlement and Enter Judgment on April 25, 2022. No opposition has been filed to date.

Discussion

The Motion to Enforce Settlement 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.) 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 (holding “we conclude that the term ‘parties’ as used in section 664.6 means the litigants themselves, and does not include their attorneys of record.”).) Additionally, the settlement must have included 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 or their attorneys. (Motion, Wilks Decl., Exh. A, pp. 2-3.) Therefore, the Court finds that the parties’ settlement agreement is enforceable under Code of Civil Procedure section 664.6.

The settlement agreement provides that Defendant would pay Plaintiff $5,090.13 in monthly payments starting November 20, 2022. (Id. at Exh. A, ¶2.) The settlement agreement also provides that if Defendant defaults, judgment in the settlement amount, plus $310.00 in costs and $225.00 in first appearance fees may be entered in Plaintiff’s favor, less any amounts paid. (Id. at Exh. A, p. 2.) As of the filing of this Motion, Defendant has only paid $800.00 towards the settlement and defaulted on August 20, 2021. (Id. at ¶¶6-7 and Exh. C.) Based on the foregoing, Plaintiff is entitled to the judgment in the amount of $4,290.13 principal, $310.00 costs, $225.00 first appearance fee, and interest at seven percent per annum from August 4, 2021. (Id. at ¶4; Decl. of Interest, ¶4.)

Conclusion

Plaintiff Amica Mutual Insurance Company’s Motion to Enforce Settlement Agreement is GRANTED IN THE AMOUNT OF $4,290.13 PRINCIPAL, $310.00 COSTS, $225.00 FIRST APPEARANCE FEE, AND INTEREST AT SEVEN PERCENT PER ANNUM FROM AUGUST 4, 2021.

Moving party to give notice.