Judge: Mark E. Windham, Case: 24STLC00918, Date: 2024-10-30 Tentative Ruling

Case Number: 24STLC00918    Hearing Date: October 30, 2024    Dept: 26

Farm Bureau Insurance v. Rosalez, III, et al.

VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Farm Bureau Insurance’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN PLAINTIFF’S FAVOR AND AGAINST DEFENDANT CALISTRO ROSALEZ, III IN THE AMOUNT OF $4,991.22, PLUS COSTS OF $739.36, PLUS INTEREST AT 10 PERCENT PER ANNUM IN THE AMOUNT OF $59.84.

ANALYSIS:

On February 7, 2024, Plaintiff Farm Bureau Insurance (“Plaintiff”) filed this subrogation action against Defendant Calistro Rosalez, III (“Defendant”). On July 25, 2024, Plaintiff filed a Notice of Settlement of Entire Action. On August 7, 2024, 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. (Order for Dismissal, 08/07/24.)

On August 29, 2024, 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.) The settlement agreement complies with the statutory requirements set forth above because it was signed by both parties and their attorneys. (Motion, Smith Decl., Exh. 1, p. 5.)

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 $4,991.22, plus filing fees in the sum of $450.00 plus service fees in the sum $198.00, plus mandatory E-filing fees in the sum of $50.10 for the total sum of $5,689.32. (Id. at Exh. 1, ¶3.) Defendant was to make monthly payments starting on July 25, 2024. (Ibid.) The settlement agreement also provides that in the event of Defendant’s default, Plaintiff may seek judgment in the amount of $4,991.22, plus court costs including all first appearance fees, and interest, less payments received. (Id. at ¶7.) No payments have been made to date. (Id. at ¶7.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendant in the amount of $4,991.22, plus costs of $739.36, and interest at 10 percent per annum in the amount of $59.84, for a total judgment amount of $5,790.42. (Id. at ¶8.)

Conclusion

Plaintiff Farm Bureau Insurance’s Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN PLAINTIFF’S FAVOR AND AGAINST DEFENDANT CALISTRO ROSALEZ, III IN THE AMOUNT OF $4,991.22, PLUS COSTS OF $739.36, ANS INTEREST AT 10 PERCENT PER ANNUM IN THE AMOUNT OF $59.84.

Moving party to give notice.