Judge: Mark E. Windham, Case: 21STLC06912, Date: 2023-05-03 Tentative Ruling

Case Number: 21STLC06912    Hearing Date: May 3, 2023    Dept: 26

State Farm Mutual Automobile Insurance Company v. Martinez

MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motio to Vacate Dismissal and Enter Judgment n is GRANTED.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company moves to vacate dismissal and enter judgment pursuant to CCP § 664.6.

Discussion

CCP section 664.6 provides that “[i]f 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.)

“‘[V]oluntary dismissal of an action or special proceeding terminates the court’s jurisdiction over the matter.’” (Mesa RHF Partners, L.P. v. City of Los Angeles (2019) 33 Cal.App.5th 913, 917 [quoting In re Conservatorship of Martha P. (2004) 117 Cal.App.4th 857, 967) (alteration in original).) “‘If requested by the parties,’ however, ‘the [trial] court may retain jurisdiction over the parties to enforce [a] settlement until performance in full of the terms of the settlement.’” (Id. (quoting CCP section 664.6) (emphasis in original).) “‘Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.’” (Id. (quoting Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37).)

“A request for the trial court to retain jurisdiction under section 664.6 ‘must conform to the same three requirements which the Legislature and the courts have deemed necessary for section 664.6 enforcement of the settlement itself: the request must be made (1) during the pendency of the case, not after the case has been dismissed in its entirety, (2) by the parties themselves, and (3) either in a writing signed by the parties or orally before the court.’” (Id. (quoting Wackeen v. Malis (2002) 97 Cal.App.4th 429, 440).) “The ‘request must be express, not implied from other language, and it must be clear and unambiguous.’” (Id. (quoting Wackeen, supra, 97 Cal.App.4th at 440).)

Here, the parties dismissed the action without prejudice pursuant to the Stipulation for Dismissal with Reservation to Vacate and Enter Judgment Upon Breach. The Court retained jurisdiction pursuant to CCP § 664.6. As the Stipulation complies with CCP section 664.6 requirements, the Court has retained jurisdiction to enter judgment pursuant to the parties’ stipulation in this action.

Defendant’s insurance carrier made a one-time payment in the amount of $1,332.42. 5. Defendant failed to make any monthly payments pursuant to the stipulation. Pursuant to the terms of the Agreement, on or about January 30, 2023, Plaintiff mailed Defendant a default letter regarding the missed payments. Pursuant to the terms set forth in the Agreement, since payment was not made within 14 days, Plaintiff is entitled to have any dismissal in this action set aside and judgment entered, minus credit for payments received. Thus, Plaintiff now seeks to enter judgment in the amount of $4,582.42, less the later payments of $1,332.42, plus court costs Plaintiff has incurred of $60.00, for a total judgment in the amount of $3,310.00. (Reese Decl., ¶¶4-8.)

Based on the foregoing, Defendant has breached the agreement and failed to make the required installment payments. Accordingly, the motion is granted in the amount requested.

Conclusion

Moving Party to give notice.