Judge: Matthew C. Braner, Case: 37-2020-00045469-CL-IC-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 14, 2023

09/15/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Limited  Insurance Coverage Motion Hearing (Civil) 37-2020-00045469-CL-IC-CTL STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS CARL [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff State Farm Mutual Automobile Insurance Company's unopposed motion to vacate dismissal and enter judgment against Defendant Justin Carl is GRANTED.

'Code of Civil Procedure section 664.6 provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement. . . . The court retains jurisdiction to enforce a settlement under the statute even after a dismissal, but only if the parties requested such a retention of jurisdiction before the dismissal. Such a request must be made either in a writing signed by the parties or orally before the court. . . . If the court determines that the parties entered into an enforceable settlement, it should grant the motion and enter a formal judgment pursuant to the terms of the settlement.' (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.) The parties settled this case by stipulation (ROA #49) and the court ordered the case dismissed without prejudice while retaining jurisdiction pursuant to California Code of Civil Procedure section 664.6. (ROA #50.) Defendant breached the agreement by failing to make any monthly payments on his debt after the largest portion of the settlement sum was paid by his insurance carrier, and failing to make payment within 10 days of receiving written notice from Plaintiff's counsel regarding the breach. (ROA #56, Mahfouz Dec., ¶¶ 8-10.) The parties agreed and stipulated that after such breach and if Defendant fails to cure the breach within the 10-day grace period, 'Plaintiff may immediately cause Judgment to be entered pursuant to the terms set forth in this Stipulation for the full amount of $3,984.95, less any monies paid to date of the breach.' (ROA #49, ¶ 9.) The parties entered into an enforceable settlement and stipulated for the court to retain jurisdiction to enforce it. Based on Defendant's default, the motion is granted and the May 26, 2022 dismissal is vacated.

However, the court cannot enter judgment in favor of Plaintiff in the amount requested. Plaintiff requests a judgment of $2,859.04, which includes the original claim made in the complaint ($3,984.95) plus prejudgment interest at a rate of 7% ($264.48), attorney fees ($675), and costs ($377.38), minus the amount paid by Defendant's insurer pursuant to the stipulated settlement ($2442.77). The stipulated settlement does not unambiguously establish that Plaintiff would be entitled to prejudgment interest, attorneys fees, and costs in the event of a default. As to the attorney's fees and costs, the settlement specifies that '[e]ach side shall bear their own costs and attorney's fees relating to this matter, except as stipulated above.' (ROA #49, ¶ 18) The only other reference to costs is in paragraph 5, which states, 'Plaintiff is to recover $3,198.44 plus costs of suit and prejudgment interest,' and which is contrary to both the amount set forth in the complaint and the stipulated settlement amount. Conversely, paragraph Calendar No.: Event ID:  TENTATIVE RULINGS

2967871  26 CASE NUMBER: CASE TITLE:  STATE FARM MUTUAL AUTOMOBILE INSURANCE  37-2020-00045469-CL-IC-CTL 9 unambiguously states that in the event of default, Plaintiff may seek the amount sought in the complaint minus amounts paid pursuant to the settlement; it says nothing about attorney fees, costs, or prejudgment interest.

Accordingly, judgment may be entered in favor of Plaintiff and against Defendant in the amount of $1,542.18.

Plaintiff is instructed to submit a new proposed judgment consistent with this order.

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2967871  26