Judge Mark E. Windham, Case Number: 21STLC08321, Date: 2023-07-24 Tentative Ruling

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Interinsurance Exchange v. Barboza-Banda, et al.

ENTER JUDGMENT PURSUANT TO STIPULATION

Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Enforce Settlement Agreement and Enter Judgment is GRANTED IN THE AMOUNT OF $10,215.13 PRINCIPAL, $2,557.98 INTEREST, AND $225.00 COSTS.

Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed the instant action for automobile subrogation against Defendants Francisco Barboza-Banda and Sara Avalos (“Defendants”) on November 19, 2021. On August 10, 2022, Plaintiff filed a notice of conditional settlement and the Court set an Order to Show Cause regarding dismissal (settlement), which is currently set for July 24, 2023. Plaintiff filed the instant motion to enforce settlement and enter judgment on May 24, 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 Plaintiff’s counsel and Defendants. (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 $11,815.13 plus ten percent interest and court costs by making monthly payments starting on November 19, 2020. (Id. at Exh. A, ¶¶1-3.) The settlement agreement also provides that if Defendants default, judgment in the settlement amount, less monies paid, may be entered in Plaintiff’s favor. (Id. at Exh. A, ¶5.) Defendants have only made payments in the amount of $1,600.00 and, thereafter defaulted. (Id. at ¶4.) Plaintiff seeks an order entering judgment against Defendants based on the settlement amount of $10,215.13 principal ($11,815.13 - $1,600.00), $2,557.98 interest at ten percent per annum from November 19, 2020, and $225.00 costs. (Id. at ¶5.)

Therefore, Plaintiff Interinsurance Exchange of the Automobile Club’s Motion to Enforce Settlement Agreement and Enter Judgment is GRANTED IN THE AMOUNT OF $10,215.13 PRINCIPAL, $2,557.98 INTEREST, AND $225.00 COSTS.