Judge: Mark E. Windham, Case: 21STLC08111, Date: 2023-12-13 Tentative Ruling

Case Number: 21STLC08111    Hearing Date: December 13, 2023    Dept: 26

Interinsurance Exchange v. Garcia, et al.

ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Enforce Settlement Agreement and Enter Judgment is GRANTED IN THE AMOUNT OF $8,529.94 PRINCIPAL, $1,596.15 INTEREST, AND $225.00 COSTS.

ANALYSIS:

Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Carlos Daniel Garcia (“Defendant”) and now-dismissed Defendant Elias Frank on November 12, 2021. On April 5, 2022, Plaintiff filed a Stipulation and Order for Entry of Judgment, which the Court signed on the same date. (Stip and Order, filed 04/05/23.)

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

Discussion

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 Plaintiff’s 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.

The settlement agreement provides that Defendant would pay Plaintiff $11,429.94 by making monthly payments starting on March 21, 2022. (Id. at Exh. A, ¶¶1-3.) The settlement agreement also provides that if Defendant defaults, judgment in the settlement amount, plus interest from November 12, 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 $2,900.00 and, thereafter defaulted. (Id. at ¶4.) Plaintiff seeks an order entering judgment against Defendant based on the settlement amount of $8,529.94 principal ($11,429.94 - $2,900.00), $1,596.15 interest at ten percent per annum from November 12, 2021, and $225.00 costs. (Id. at ¶5.)

Conclusion

Therefore, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Enforce Settlement Agreement and Enter Judgment is GRANTED IN THE AMOUNT OF $8,529.94 PRINCIPAL, $1,596.15 INTEREST, AND $225.00 COSTS.

Moving party to give notice.