Judge: Mark E. Windham, Case: 23STLC02635, Date: 2024-01-25 Tentative Ruling

Case Number: 23STLC02635    Hearing Date: January 25, 2024    Dept: 26

Nationwide Mutual Ins. Co. v. Brown, et al.

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Nationwide Mutual Insurance Company’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT IS TO BE ENTERED IN PLAINTIFF’S FAVOR AND AGAINST DEFENDANT CURTIS BROWN IN THE AMOUNT OF $15,371.12 PRINCIPAL, $895.48 COSTS, AND $722.87 INTEREST.

ANALYSIS:

Plaintiff Nationwide Mutual Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Curtis Brown (“Defendant”) on April 20, 2023. June 2, 2023, Plaintiff filed a copy of the parties’ settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on the same date. (Stip and Order, filed 06/02/23.)

On October 18, 2023, Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement, and Enter Judgment. To date, no opposition has been filed.

Legal Standard

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.) Plaintiff has demonstrated the settlement agreement complies with the statutory requirements set forth above as it was signed by both parties. (Motion, Smith Decl., Exh. 1, pp. 5-6.)

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, Smith Decl., Exh. 1, ¶7.)

The settlement provides that Defendant would pay Plaintiff $15,601.22, plus filing fees in the sum of $740.00, plus service fees in the sum of $69.00, plus mandatory e-filing fees in the sum of $40.89, through monthly payments starting on June 29, 2023. (Id. at Exh. 1, ¶3.) The settlement agreement also provides that if Defendant defaulted, Plaintiff would seek judgment in the settlement amount, less any monies paid, plus costs. (Id. at Exh. 1, ¶6.) Payments of only $228.48 were made towards the settlement, after which Defendant defaulted. (Id. at ¶¶6-7 and Exh. 2.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendant in the requested amount of $15,372.74 principal ($15,601.22 - $228.48), $895.48 costs, and interest in the sum of $772.87. (Id. at ¶8.)

Conclusion

Plaintiff Nationwide Mutual Insurance Company’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT IS TO BE ENTERED IN PLAINTIFF’S FAVOR AND AGAINST DEFENDANT CURTIS BROWN IN THE AMOUNT OF $15,371.12 PRINCIPAL, $895.48 COSTS, AND $722.87 INTEREST.

Moving party to give notice.