Judge: Matthew C. Braner, Case: 37-2021-00006972-CL-PA-CTL, Date: 2024-04-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 04, 2024

04/05/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Limited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2021-00006972-CL-PA-CTL STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS FINDAHL CAUSAL DOCUMENT/DATE FILED:

Plaintiff State Farm Mutual Automobile Insurance Company's unopposed motion to vacate dismissal and enter judgment against Defendant Josiah Findahl 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; Code Civ. Proc., § 664.6, subd. (a).) Here, the parties settled this case by stipulation and asked the court to retain jurisdiction pursuant to Code of Civil Procedure section 664.6 to enforce the agreement. (ROA #57, Reese Dec., Ex. A, ¶ 3.) The court ordered the case dismissed without prejudice on August 4, 2022. (ROA #53.) Following dismissal, Defendant materially breached the agreement by failing to continue making monthly payments on his debt, and failing to make payment within 14 days of receiving a letter from Plaintiff's counsel regarding the breach. (ROA #57, Reese Dec., ¶¶ 3, 5-7.) The parties agreed and stipulated that after such breach and upon declaration of Plaintiff or Plaintiff's counsel regarding such default, the court would set aside the dismissal, resume jurisdiction over the matter, and enter a judgment in favor of Plaintiff and against Defendant in the amount of $12,000.00 (the settlement amount), less the amount paid by Defendant or his insurer towards the balance owed, plus costs of no more than $500. (ROA #57, Reese Dec., Ex. A, ¶ 3.) Defendant's insurer made a $10,000 lump sum payment towards the settlement amount and Defendant paid $200 towards the amount before defaulting, and Plaintiff has incurred costs of at least $500 to bring the motion. (ROA #57, Reese Dec., ¶¶ 4-5, 8.) Thus, Plaintiff's request for a $2,300.00 judgment is granted.

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, the August 4, 2022 dismissal is vacated, and judgment shall be entered in favor of Plaintiff and against Defendant in the amount of $2,300.00.

The court will sign the proposed order and judgment submitted by Plaintiff.

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