Judge Mark E. Windham, Case Number: 21STLC00272, Date: 2023-12-12 Tentative Ruling

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

ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

Plaintiff Amica Mutual Insurance Company’s Motion to Enforce Settlement Agreement and Enter Judgment is GRANTED IN THE AMOUNT OF $5,304.07 PRINCIPAL, $1,434.28 INTEREST, AND $225.00 COSTS.

Plaintiff Amica Mutual Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Raelin Saree Walker (“Defendant”) on January 11, 2021. Defendant filed an answer on February 25, 2021. On August 29, 2022, Plaintiff filed a Stipulation and Order for Entry of Judgment. The Court signed the order and dismissed the action with a retention of jurisdiction under Code of Civil Procedure section 664.6 on the same date. (Stip and Order, filed 08/29/22.)

Plaintiff filed the instant motion to enforce settlement and enter judgment on September 26, 2023. No opposition has been filed to date.

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 here complies with the statutory requirements set forth above because it was signed by the parties and their counsel. (Motion, Tapper Decl., Exh. A, p. 5.) Therefore, the Court finds that the parties’ settlement agreement is enforceable under Code of Civil Procedure section 664.6.

Furthermore, the request for retention of jurisdiction must 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, Tapper Decl., Exh. A, ¶9.)

The settlement agreement provides that Defendant would pay Plaintiff $8,800 by an initial payment from Defendant’s insurer in the amount of $3,000.00 followed by Defendant’s monthly payments starting on October 15, 2022. (Id. at Exh. A, ¶¶1-3.) The settlement agreement also provides that if Defendant defaults, judgment in the demand of the Complaint ($10,704.07), plus interest from January 11, 2021, and court costs, less monies paid, may be entered in Plaintiff’s favor. (Id. at Exh. A, ¶5.) Defendant only made payments in the amount of $5,400.00 and, thereafter defaulted. (Id. at ¶4.) Plaintiff seeks an order entering judgment against Defendants based on the settlement amount of $5,304.07 principal ($10,704.07 - $5,400.00), $1,434.28 interest at ten percent per annum from January 11, 2021, and $225.00 costs. (Id. at ¶5.)

Therefore, Plaintiff Amica Mutual Insurance Company’s Motion to Enforce Settlement Agreement and Enter Judgment is GRANTED IN THE AMOUNT OF $5,304.07 PRINCIPAL, $1,434.28 INTEREST, AND $225.00 COSTS.