Judge: Mark E. Windham, Case: LAM16K05405, Date: 2023-01-23 Tentative Ruling

Case Number: LAM16K05405    Hearing Date: January 23, 2023    Dept: 26

State Farm v. Aragon-Zarate, et al.

ENTER JUDGMENT PURSUANT TO STIPULATION

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal, Enforce Settlement Agreement and Enter Judgment is PLACED OFF CALENDAR. THE PROPOSED JUDGMENT BY COURT FILED ON APRIL 2, 2019 IS HEREBY SIGNED AND ENTERED ON THIS DATE.

PLAINTIFF TO FILE NOTICE OF ENTRY OF JUDGMENT AND ACCOMPANYING PROOF OF SERVICE WITHIN 10 DAYS OF THIS ORDER.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Rigoberto Aragon-Zarate (“Defendant”) on May 9, 2016. On December 22, 2017, Plaintiff filed a copy of its settlement agreement with Defendant with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. (Stip – No Order, filed 12/22/17.) The Court granted the request for dismissal with retention of jurisdiction the same day. (Order for Dismissal, 12/22/17.)

On February 15, 2018, Plaintiff filed a Motion to Vacate Dismissal. On May 7, 2018, the Motion to Vacate Dismissal was taken off calendar and Court noted that the action had been related to Franklin v. Aragon-Zarate, LASC Case No. BC588008. (Minute Order, 05/07/18.) The order of relation originally came from Judge Benny Osorio in Department 97 in October 2016. (LASC Case No. BC588008, Minute Order, 10/12/16.)

Plaintiff then moved again to vacate the dismissal. (LASC Case No. BC588008 Motion to Vacate, filed 07/12/18.) On September 7, 2018, the Court vacated the December 22, 2017 dismissal and entered judgment in favor of Plaintiff in the amount of $7,584.73. (LASC Case No. BC588008 Minute Order, 09/07/18.) Plaintiff was ordered to file a proposed judgment within 15 days. (Ibid.) It appears Plaintiff tried to file the proposed judgment on November 18, 2019, but it was rejected. (LASC Case No. BC588008, Judgment by Court, filed 11/18/19.) Plaintiff filed a proposed Judgment by Court in this action on April 2, 2019 but it was never signed. (Judgment by Court, 04/02/19.) Finally, Plaintiff filed a proposed judgment in LASC Case No. BC588008 on August 4, 2021, which was also never signed. (LASC Case No. BC588008, Judgment by Court, filed 08/04/21.) That was the last filing in LASC Case No. BC588008.

On December 12, 2022, the case was reassigned to Department 26 in the Spring Street Courthouse. Plaintiff filed the instant Motion to Vacate Dismissal and Enter Judgment on December 14, 2022. No opposition has been filed to date. This Court, however, already considered and granted a Motion to Vacate and Enter Judgment in Plaintiff’s favor on September 9, 2018. The proposed Judgment by Court filed on April 2, 2019 is hereby signed and entered on this date.

Conclusion

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion to Vacate Dismissal, Enforce Settlement Agreement and Enter Judgment is PLACED OFF CALENDAR. THE PROPOSED JUDGMENT BY COURT FILED ON APRIL 2, 2019 IS HEREBY SIGNED AND ENTERED ON THIS DATE.

PLAINTIFF TO FILE NOTICE OF ENTRY OF JUDGMENT AND ACCOMPANYING PROOF OF SERVICE WITHIN 10 DAYS OF THIS ORDER.

Moving party to give notice.