Judge: Mark E. Windham, Case: 21STLC04072, Date: 2022-10-12 Tentative Ruling

Case Number: 21STLC04072    Hearing Date: October 12, 2022    Dept: 26

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

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 vacating the dismissal of this action and entering judgment against Defendant pursuant to the terms of the parties’ settlement agreement.

OPPOSITION: None filed as of October 10, 2022.

REPLY: None filed as of October 10, 2022.

TENTATIVE RULING:

Plaintiff Fred Loya Insurance Company’s Motion to Enforce Settlement Agreement is GRANTED IN THE AMOUNT OF $3,382.70 PRINCIPAL, $901.74 INTEREST, AND $374.80 COSTS.

ANALYSIS:

Plaintiff Fred Loya Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Gerardo Copado and Pamela Copado (“Defendants”) on May 25, 2021. On August 16, 2021, Plaintiff filed a Notice of Settlement. Plaintiff filed the instant Motion to Enforce Settlement and Enter Judgment on June 20, 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 and their attorneys. (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.

The settlement agreement provides that Defendants would pay Plaintiff $4,082.70 by way of monthly installments starting on August 20, 2021. (Motion, Tapper Decl., Exh. A, ¶4.) The settlement agreement also provides that if Defendants default, judgment in the settlement amount, plus costs, and interest, may be entered in Plaintiff’s favor, less any amounts paid. (Id. at Exh. A, ¶5.)

Defendants have made payments totaling $700.00 but have since defaulted. (Id. at ¶4.) This evidence demonstrates that Plaintiff is entitled to entry of judgment in the amount of $3,382.70 principal, ($4,082.70 - $700.00), $901.74 interest, $ 374.80 costs. (Id. at ¶5.) 

Conclusion

Plaintiff Fred Loya Insurance Company’s Motion to Enforce Settlement Agreement is GRANTED IN THE AMOUNT OF $3,382.70 PRINCIPAL, $901.74 INTEREST, AND $374.80 COSTS.

Moving party to give notice.